In most states, including California, protective order laws often come into play in domestic violence cases. Such court orders state that an abusive spouse, for example, may not come within a stated distance of a named individual for a period of time. In California, protective orders (also called "restraining orders") may be in place for up to three years but may be made permanent in some cases.
This article provides a brief overview of protective order laws in the state of California.
What Can the Court/Law Enforcement Do to Protect Me?
The court can order law enforcement within its jurisdiction to protect you and your immediate family members who live with you. The order can protect your spouse, cohabitants or former cohabitants of your home, and people you are dating or have a relationship with. The court will also protect family members related through consanguinity or affinity within the second degree.
What Can I Do If the Defendant Refuses To Follow the Protective Order?
If the defendant does not follow the order, call the police immediately. The restrained person can be arrested and charged with a misdemeanor, a felony, or contempt of court. Taking or concealing a child in violation of the order may be a felony and punishable by confinement in state prison, a fine of up to $1,000, or both. Traveling across state or tribal boundaries with the intent to violate the order may be punishable as a federal offense under the Violence Against Women Act.
California Protective Order Laws: At a Glance
The basic provisions of California protective order laws are listed in the table below. See Domestic Violence: Orders of Protection and Restraining Orders for more information.
||§ 6200 et seq. of the California Family Code
|Activity Addressed by Order
- Enjoining contact; excluding from dwelling; enjoining specific behavior; regarding minor child: custody, visitations. Penal code: any person who has domestic abuse perpetrated against him/her as shown by affidavit of reasonable proof
- § 6343 authorizes the court to order the restrained party to participate in mandatory anger management or clinical counseling if it deems appropriate
|Duration of Order
||Emergency order: the earlier of the close of the fifth business day after issue or seven calendar days. Others: three-year maximum unless extended by office or parties stipulate to a permanent order
|Penalty for a Violation of Order
||One year and/or $1,000; with physical injury: $2,000 or 30 days to one year in jail or both; subsequent conviction: $2,000, six months to one year in jail, or both, or state imprisonment
|Who May Apply for Order
||Spouse, cohabitant (or former cohabitant), fiance/fiancee, the person one's dating, the parent of one's child, family members related within the second degree (either through consanguinity or affinity)
|Can Fees Be Waived?
|Order Transmission to Law Enforcement
||By the close of business on the day of issuance; local law enforcement agencies must notify the Department of Justice for the domestic violence protective order registry
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
California Protective Orders Law: Related Resources
Need a Protective Order? An Attorney Can Help
While California protective orders can be used to protect individuals facing domestic violence, it's important to note that they are not limited to those situations. For example, courts can issue protective orders if someone is the victim of stalking or other forms of harassment from strangers. Whatever the situation, you should always consider at least speaking with an expert before taking action.
A domestic violence attorney in California can help you understand how protective orders work and help obtain one for you.