Domestic Violence and Restraining Orders in California
Domestic violence is a serious issue that affects individuals and families across California. If you or a loved one is experiencing abuse, seeking a restraining order can provide critical legal protection. Blasser Law is committed to helping victims of domestic violence in Claremont, Los Angeles, and the San Gabriel Valley get the protection they need. A restraining order can help safeguard individuals by legally preventing an abuser from making contact, visiting shared spaces, or continuing threatening behavior. Understanding the different types of restraining orders, the process of obtaining one, and the protections they provide is essential for anyone facing domestic violence.
See below for basic information about domestic violence and restraining orders in California. If you need a restraining order in Los Angeles or the San Gabriel Valley, or if one was entered against you and you need help asserting your rights, contact the Claremont domestic violence attorneys at Blasser Law for help.
What Is a Restraining Order?
A restraining order, also known as a protective order, is a court order designed to prevent an abuser from contacting or harming the protected person. It can impose various restrictions, including prohibiting the abuser from coming near the victim’s home, workplace, or children’s school. Restraining orders are legally enforceable and can lead to severe consequences for violations, such as arrest, fines, and even jail time. These orders serve as a crucial tool in protecting victims from ongoing abuse, harassment, stalking, and threats.
Types of Restraining Orders in California
California law provides several types of restraining orders depending on the circumstances of the case.
An Emergency Protective Order (EPO) is issued by law enforcement at any time, day or night, and provides immediate protection. These orders typically last up to seven days and are designed to offer victims temporary safety while they seek a longer-term restraining order through the court system. A judge grants an EPO when there is an immediate threat of harm.
A Temporary Restraining Order (TRO) is a short-term protective order requested by the victim through the court. It typically lasts 20 to 25 days until a full court hearing can be held. This type of order is granted when the judge finds sufficient evidence that the victim needs protection before a permanent decision can be made.
A Domestic Violence Restraining Order (DVRO) is issued following a court hearing if the judge determines that the victim requires long-term protection. These orders can last up to five years and are designed to safeguard individuals from current or former spouses, dating partners, cohabitants, family members, or co-parents. A DVRO can include provisions related to child custody, financial support, and mandatory counseling for the abuser.
A Civil Harassment Restraining Order is intended for individuals who are being harassed or threatened by someone who is not a close family member, such as a neighbor, coworker, or acquaintance. These orders are commonly used in cases of stalking, repeated threats, or other forms of harassment that do not fall under domestic violence laws.
A Workplace Violence Restraining Order can be requested by employers seeking to protect their employees from threats or violence at work. These orders are filed by an employer on behalf of an employee and can prohibit an aggressor from making contact or approaching the workplace.
How to Obtain a Restraining Order in California
If you need a restraining order, the process involves several important steps.
The first step is to complete the necessary forms, which can be obtained from your local courthouse or online through the California Courts website. These forms require details of the abuse, threats, or harassment, and it is crucial to provide as much specific evidence as possible to support the request.
Next, the forms must be filed with the court. Once the completed paperwork is submitted to the court clerk, a judge will review the request and determine whether to grant a temporary restraining order the same day. If the judge believes immediate protection is warranted, a TRO will be issued.
After obtaining a temporary restraining order, the restrained person must be formally notified. The law requires that the abuser be served with the restraining order documents, which must be delivered by law enforcement, a professional process server, or someone over the age of 18 who is not involved in the case. Proper service ensures that the abuser is aware of the order and the restrictions imposed on them.
A court hearing will then be scheduled within a few weeks to determine whether a long-term restraining order is necessary. During this hearing, both the victim and the accused individual have the opportunity to present evidence and testify. If the judge finds sufficient grounds for protection, a domestic violence restraining order may be issued, lasting for several years.
Legal Protections Offered by a Restraining Order
A restraining order can provide significant legal protections, including:
- Prohibiting the abuser from contacting or approaching the victim.
- Removing the abuser from a shared home.
- Granting temporary child custody and visitation orders.
- Requiring the abuser to relinquish firearms.
- Ordering financial support, if applicable.
Defending Against a Restraining Order
While restraining orders are crucial in protecting victims of domestic violence, there are cases where they are sought under false or exaggerated claims. Sometimes, a restraining order is filed due to misunderstandings, emotional disputes, or even as a tactical move in divorce or child custody battles. If you have been served with a restraining order under such circumstances, it is important to take immediate legal action to defend yourself.
Challenging a restraining order begins with gathering evidence that disproves the claims against you. This may include text messages, emails, witness testimonies, or security footage that contradicts the accusations. Attending the court hearing is crucial, as failure to appear could result in the judge granting a long-term restraining order by default. Presenting a strong case with legal representation can increase the chances of successfully contesting the order.
If a restraining order is issued against you, it is essential to comply with its terms while seeking legal recourse. Violating the order, even if you believe it was unfairly granted, can lead to criminal charges and worsen the situation. Consulting an experienced family law attorney can help you navigate the legal process and work toward having the order modified or dismissed.
What Happens If a Restraining Order Is Violated?
Violating a restraining order is a serious offense in California and can result in criminal charges, fines, and jail time. If the restrained person ignores the terms of the order by attempting to contact the victim, showing up at prohibited locations, or engaging in any form of harassment, law enforcement should be notified immediately. The police can arrest the offender on the spot for violating the protective order. Repeat violations or particularly severe infractions can lead to increased penalties, including felony charges. Victims should document all violations, keep records of any messages, and seek legal assistance if needed to ensure continued protection.
Get Help from an Experienced Family Law Attorney at Blasser Law
If you need assistance obtaining or defending against a restraining order in Los Angeles or the San Gabriel Valley, Blasser Law in Claremont is here to help. Our experienced family law attorneys can guide you through the legal process and ensure your rights are protected. We understand the emotional and legal challenges of domestic violence cases and are committed to advocating for your safety and well-being. If you are facing domestic violence or have been wrongfully accused, do not hesitate to reach out for legal support. Contact us today for a confidential consultation.
