Types of California Restraining Orders
People can be confused when determining what type of restraining/protective order is right for them. Here are the types of restraining orders in California.
In California, there are 4 basic types of restraining orders:
- Domestic Violence Restraining Orders
- Civil Harassment Restraining Orders
- Elder Abuse Restraining Orders
- Workplace Violence Restraining Orders
Restraining/protective court orders can be legally classified as:
- Emergency Protective Order (EPO)
- Temporary Restraining Order (TRO)
- “Permanent” Restraining Order
- Criminal Protective Order or “Stay-Away” Order
Types of restraining orders you can request
In California, there are several types of restraining orders you can request from the court. The right restraining order for you depends on your unique circumstances.
Domestic Violence Restraining Orders
A domestic violence restraining order (DVRO) is a court order issued to protect a person/people from domestic violence. DVROs are issued to restrain a protected person’s former or current spouse, partner, family member, or cohabitant from taking a certain action.
Civil Harassment Restraining Orders
A civil harassment restraining order (CHRO) is a court order issued to protect a person from civil harassment, including violence, threats of violence, or stalking. CHROs can restrain a protected person’s current or former friend, cohabitant, neighbor, or distant family member from contacting or going near the protected person or places they frequent.
Elder/Dependent Abuse Restraining Orders
Elder or dependent abuse restraining orders are court orders issued to protect a person that is dependent or over the age of 65 from abuse, neglect, abandonment, or deprivation. These orders are issued to protect people that are over the age of 65 or are between the ages of 18 and 64 with a disability that prevents them from completing daily tasks.
Workplace Violence Restraining Orders
A workplace violence restraining order is a court order requested by an employer to protect an employee from serious violence or threats at work. WVROs can restrain a person from taking specific actions, including owning guns or contacting/harassing protected persons.
Gun Violence Restraining Orders
Gun violence restraining orders are court orders issued to restrain a person from owning firearms, ammunition, or magazines. These court orders can force a person to return or not buy any guns. GVROs can only be requested by close family members and law enforcement officials.
Legal classifications of court restraining/protection orders
In California, there are many specific legal classifications of restraining or protective orders issued by the court. We’ll break them down for you below.
Emergency Protective Order (EPO)
Emergency protective orders (EPOs) are issued by the court to protect a person before a court hearing can be held; EPOs become effective upon service to the restrained individual. The main difference between EPOs and temporary/permanent restraining orders is that restraining orders are requested by the protected person, while EPOs are filed by law enforcement officials on behalf of the protected person(s).
Temporary (ex parte) Restraining Order (TRO)
Temporary restraining orders are court orders issued to protect a person from threats or violence before a court hearing can be held to determine a permanent restraining order. TROs are typically granted within one business day of filing for the restraining order and last until the court hearing date (typically 20-25 days).
“Permanent” Restraining Order
After a person files for a restraining order, a meeting will be held for a judge to either issue or deny the request. These types of restraining orders can protect a person(s) from domestic violence, civil harassment, elder/dependent abuse, or workplace violence for up to five years.
Criminal Protective Order or “Stay-Away” Order
A criminal protective order (CPO), also called a “stay-away” order, can be issued by a judge to protect a victim or witness of a crime. CPOs can restrain a defendant or other person from contacting or going near a protected person. Criminal protective orders are typically ordered after an emergency protective order has been issued.
Protective Order vs. Restraining Order
The main difference between protective and restraining orders is that protective orders are issued in criminal cases while restraining orders are typically issued in civil cases.
Restraining Orders Against Tenant/Landlord in California
Landlords can request a civil harassment restraining order against their tenant(s). A landlord can request an HRO to protect themselves from a tenant, and a tenant can seek a temporary restraining order to restrain their landlord.
FAQs
Are restraining orders civil or criminal?
Whether a restraining order is civil or criminal depends on the type of order it is. Emergency protective orders (EPO), temporary restraining orders (TRO), and “permanent” restraining orders are civil matters, while criminal protective or “stay-away” orders are criminal matters and can be enforced by police.
Can I get a restraining order against my husband in California?
In California, you can seek a domestic violence restraining order against your husband even if you have not yet filed for divorce.
How do I get a financial restraining order on my husband in California?
During a divorce, a judge can issue a temporary restraining order to prevent your husband from touching community property. A financial restraining order can prevent a spouse from taking certain financial actions during a divorce, such as liquidating assets or transferring joint funds to a privately held bank account.
Can I get a restraining order against my ex-boyfriend in California?
In California, a civil harassment or domestic violence restraining order can protect you from violence, threats of violence, or harassment made by your ex-boyfriend.
Can I get a restraining order against my wife’s boyfriend in California?
Yes, you could either get a civil harassment restraining order or a domestic violence restraining order against your wife’s boyfriend in California if he has committed violence, threatened violence, or harassed you.
Can a parent get a restraining order against my boyfriend in California?
Yes, your parents can seek either a civil harassment or domestic violence restraining order against your boyfriend in California.
Can a minor file a restraining order against their mother’s boyfriend in California?
If your mother’s boyfriend has committed domestic violence against you or other members of your family, you can seek a domestic violence restraining order in California.
Can you get a restraining order for verbal abuse in California?
Yes, if verbal abuse is inflicted to intentionally cause emotional harm to a victim a restraining order may be warranted. Harassment and threats can be verbal, so a California judge may issue a restraining order due to verbal abuse.
Free Consultation With a California Restraining Order Attorney
If you need one of these types of restraining orders in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal situation. Get your free consultation with one of our Restraining Order Attorneys in California today!