California Protective Orders Laws

When abuse crimes happen, victims need help. California offers a variety of restraining orders to aid victims in their time of need. Whether you're suffering from domestic violence or harassment or know someone with access to firearms who seems a danger to themselves and others, California has a protective order designed to help.

Given the options, knowing which order fits your situation is tricky. This guide to California protective orders will explain what each one does, how to apply for the one you need, and how long it can last. Understanding the behavior that drives abusers can also help you avoid a bad situation. Read on for improved knowledge about types of restraining orders in California.

If you need a protective order in California, contact a lawyer.

California Protective Orders Laws: The Basics

While they target different types of abusers, most protective orders in California operate the same way. Except for the gun violence protection order, California restraining orders focus on keeping the abuser away from their victim. These civil orders aren't perfect, but they can effectively deter the restrained person.

Whether temporary or final, protective orders use provisions tailored to each case to instruct abusers about what they can and cannot do. Orders may have somewhat different objectives, but most offer similar provisions for relief. The abuser can't do any of the following to a victim:

• Attacking
• Battering
• Destroying personal property
• Harassing (includes telephoning and making annoying calls)
• Harming or taking a domestic animal awarded to the victim
• Impersonating
• Molesting
• Sexually assaulting
• Stalking
• Striking
• Threatening
• Violating a no-contact or stay-away order
• Disturbing the peace

Disturbing the peace includes:

• Destroying the emotional calm of the victim
• Destroying the mental calm of the victim
• Engaging in coercive control

Engaging in coercive control may include:

• Isolation
• Depriving necessities
• Regulating, manipulating, or controlling the victim's communications, finances, movements, access to services, daily behavior, and economic resources
• Compelling a victim to engage in behavior they would choose not to through intimidation, force, or threat of force
• Controlling the reproductive autonomy of the victim through intimidation, force, or threat of force

The abuser may have to surrender all firearms and ammunition for the duration of the order. Not all conditions are in every order. The court can add any provision it deems necessary for the victim's safety.

Thanks to the Violence Against Women Act (VAWA), California protective orders receive full faith and credit and can be enforced anywhere on U.S. soil. This includes territories and tribal reservations. Protective orders from other states are also recognized and enforced under California law.

California Protective Orders Laws: Types of Orders Available

The more you know about the available types of protective orders in California, the better you'll know if you need one. Let's examine them one at a time.

Domestic Violence Restraining Orders (DVRO)

Domestic violence crimes happen when people sharing a close personal relationship, such as spouses or blood family, have certain abusive crimes happen between them. The betrayal of trust adds to the misery of these offenses. FindLaw's California Domestic Violence Law article thoroughly examines the subject.

If the specific requirements for a crime to get domestic violence classification are met, certain protections become available for the victim. One of these is a domestic violence restraining order (DVRO). DVROs can separate the abuser and the protected person. Yet, they also deal with other issues like living arrangements, child custody, spousal support, and pets.

There are three different versions of DVROs in California. An emergency protective order (EPO) is issued when a person is in imminent danger of domestic violence. The responding police officer will call a judicial officer to get the order even if the court is closed. Emergency protective orders last five business days or seven calendar days, whichever is shorter.

Whether you had an emergency protective order, the next step is filing for a temporary ex parte restraining order (TRO). Having a domestic violence advocate help you file is a good idea. Forms are available online and at your county's Superior Court. TROs last between 21 and 25 days and have provisions based on your situation.

The court issues a permanent restraining order (DVRO) after a hearing if the plaintiff (victim) shows during the court date that the respondent (abuser) is a continuing threat. DVROs last up to five years. Within three months of the order's scheduled termination, the victim can request a renewal for another five years or make it permanent.

Civil Harassment Restraining Orders (CHRO)

Civil harassment restraining orders (CHRO) focus on protecting someone from harassment. California defines harassment as a course of conduct that causes substantial emotional distress by unlawful violence (assault, battery, or stalking), a credible threat of violence, or a knowing and willful course of conduct that seriously alarms, annoys, or harasses.

While like a DVRO, a CHO doesn't require there to be a personal relationship between the abuser and the victim. If your abuser is a family member or a household member, you would likely apply for a DVRO instead. DVROs have a broader definition of what's considered abusive behavior than a CHO.

CHOs usually come in two forms. The temporary ex parte order lasts between 21 and 25 days. An order issued after a full hearing lasts up to five years. The victim can also renew it or make it permanent before it expires.

Civil harassment order forms are available online. As requirements vary between counties, contact your courthouse to ensure you're filing the correct forms.

Elder Abuse and Dependent Adult Abuse Restraining Orders

California doesn't tolerate abuse of the elderly and adults who can't take care of themselves without help. Staff and caretakers of these people have a mandated responsibility to report any abuse they witness. Elder abuse and dependent adult abuse restraining orders address abuse that doesn't fall under a DVRO or a CHRO.

Offenses of this type often manifest as neglect, exploitation, or abuse. Dependent adults between 18 and 65 and those over 65 are eligible for this relief. Besides the victim, others may file for the order on their behalf:

• A conservator of the elder or adult
• A trustee of the elder or adult
• An attorney-in-fact with power of attorney
• A Guardian ad litem
• A county adult protective services agency
• Anyone with legal authorization to act for the victim

A temporary restraining order lasts between 21 and 25 days. If the court agrees further abuse is a viable threat, the order after the hearing will focus on keeping the victim isolated from the abuser. The order after hearing lasts for up to five years and is renewable. Forms are available online or at the victim's Superior Court.

Gun Violence Restraining Orders (GVRO)

Gun violence restraining orders are different than the other California protective orders. The court can issue a GVRO when it agrees that someone is a danger to themselves and others. The court order bans the subject from having any firearms or ammunition. They're sometimes called "red flag" gun laws.

GVROs are civil court orders that try to protect the person named in the order and those around them. People eligible to file for a GVRO include:

• Immediate family members
• Employers
• Co-workers of at least a year with the permission of their employer
• A teacher or employee at a school the subject attends or attended
• Law enforcement officers
• A roommate
• A person in an intimate relationship or dating relationship with the subject
• A person who has a child in common with the subject and has had substantial contact with the subject over the past year

A law enforcement officer can get a temporary emergency ex parte gun violence restraining order for an immediate threat. They can do this at any time. This order bans the subject from having firearms or ammunition for 21 days. A hearing gets scheduled as well.

When deciding whether to issue a temporary ex parte gun violence restraining order, the court will consider the subject's history of violence, witness statements, and any protective order violations. If issued, the temporary ex parte gun violence order lasts 21 days or until the case hearing. Once served, the subject has 48 hours to surrender all firearms and ammunition.

The case hearing determines if a GVRO is issued. A GVRO lasts between one and five years and is renewable. The subject can make one written request per year for the order's termination.

Forms for GVROs are available online and at your Superior Court. The court clerk can help you fill out the forms but can't give legal advice.

Workplace Violence Restraining Orders (WVRO)

Work is difficult enough without also having to worry about your safety. An employer can file for a workplace violence restraining order (WVRO) on behalf of an employee who has suffered unlawful violence, harassment, or a credible threat of violence from any person at their workplace. Unlawful violence includes assault, battery, or stalking. The victim's name doesn't need to appear on the order.

A temporary ex parte order lasts up to 25 days or until a court hearing. Provisions will consider the respondent's First Amendment rights and any necessary job-related contact if the people involved are co-workers. No-contact and stay-away conditions are usually if the respondent is not an employee or has been terminated.

If issued, the order after the hearing lasts up to three years and is renewable. Forms are available at the Superior Court or online. Given the complexity of workplace cases, speaking with an employment attorney is a good idea.

California Protective Orders Laws: How To Get One

While there are slight differences, getting any protective order in California follows the same basic steps.

Law enforcement files for orders that have an emergency option. In the case of a DVRO, the victim can request this option. Otherwise, the first step for most petitioners (victims) is filing the paperwork for a temporary order. Enlisting the help of an advocate is a good idea.

The paperwork is either filed at the Superior Court or through electronic submission. The forms and step-by-step help for each type of order are on the court self-help pages:

• Civil Harassment Restraining Order (CHRO)
• Domestic Violence Restraining Order (DVRO)
• Elder Abuse and Dependent Adult Abuse Restraining Orders
• Gun Violence Restraining Order (GVRO)
• Workplace Violence Restraining Order (WVRO)

These orders get issued in civil cases. This means that the petitioner's burden of proof will be less than the standard required in a criminal case. In civil cases, a petitioner must prove the case to the court by a preponderance of the evidence or by clear and convincing evidence. Check the specific statute to be clear on what level of proof the court expects.

After the petition gets filed, the judge may want to ask questions of the petitioner. Most temporary restraining orders are issued ex parte, which means the court's initial hearing happens with only one party (the petitioner). Law enforcement then serves the temporary order on the respondent. The victim should never serve the order to the respondent.

Temporary orders can last between 21-25 days. For an order to become final, there must be a full case hearing. The respondent has the right to oppose any order in court. Both sides offer their arguments at the hearing, call witnesses, and present evidence. While not required, having an attorney represent you can help. You may qualify for legal help at no or low cost.

If the court agrees with the petitioner's claim of an enduring threat, it will issue the final version of the permanent order. The duration varies by type of order. Most are renewable within three months of the expiration date. There does not need to be further incidents of abuse for the order to get renewed.

There is no charge for filing any order of protection in California. One of the available provisions can force an abuser to pay the attorneys' fees of the victim.

California Protective Orders Laws: Violations and Penalties

For an effective restraining order, the abuser needs to fear the penalties for violation. This means that the victim should report all violations to law enforcement. While probation is possible, even the first violation of a restraining order can lead to jail time.

A first violation of a protective order is a misdemeanor with up to a year in county jail and a fine of up to $1,00o. If there was a physical injury, penalties increase to 30 days to one year in county jail and a fine of up to $2,000.

Repeat offenders face heavier punishment. Any conviction for a violation within one year of a previous conviction that involved physical harm will require between six months and one year in county jail and a fine of up to $2,000. These sentences are in addition to those for the crimes committed during the violation, which are enhanced for domestic violence offenses.

California Protective Orders Laws: Summary

The number of restraining orders available in California can make it confusing to figure out which one you need. The table below recaps every order and adds helpful links for any questions.

Note: California state laws can change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. Please consult a domestic violence attorney or conduct research to verify the current status of any California state law(s) you review.

California Protective Orders Law: Related Resources

• Orders of Protection and Restraining Orders
• California Victim Resources
• Understanding Relationship Abuse
• National Domestic Violence Hotline — 800-799-7233
• Find Your California Court

Need Help With a Protective Order? An Attorney Can Help

If you've suffered physical abuse or are in present danger of any kind of abusive behavior, call 911. Escaping the cycle of abuse associated with domestic violence crimes can also start with a call to a domestic violence attorney in California. An expert in family law can help you understand how protective orders work.

If you've violated a criminal protective order and are facing criminal charges, speak with a California criminal defense attorney. An expert in domestic violence cases and criminal law can help you understand your options and work to achieve the best outcome on your case.