Understanding the Different Types of Restraining Orders in California

In California, restraining orders—also known as protective orders—serve to protect individuals from various forms of abuse, harassment, and threats. The legal system provides several types of restraining orders, each designed to address specific situations and needs. Understanding the different types of restraining orders is crucial for knowing your rights and the protections available to you. This article provides an overview of the main types of restraining orders in California, their purposes, and how they differ from one another.

An Emergency Protective Order (EPO) is a short-term order issued by law enforcement officers. It is designed to provide immediate protection in urgent situations.

• Purpose: EPOs are typically issued in response to imminent threats of harm or violence. They are intended to offer protection before a more formal restraining order can be obtained.
• Duration: EPOs are temporary and generally last for up to 7 days. This brief duration allows time for the victim to seek a longer-term protective order through the court.
• Issuance: Law enforcement officers can issue EPOs at the scene of an incident if they believe that an individual is in immediate danger. The EPO is then submitted to the court, and a hearing is scheduled to determine if a longer-term order is necessary.

A Temporary Restraining Order (TRO) is issued by a court and provides short-term protection while a case is being reviewed.

• Purpose: TROs are intended to protect individuals who have experienced threats, harassment, or violence, giving them temporary relief while awaiting a court hearing for a more permanent order.
• Duration: TROs typically last for 20 to 25 days. This period allows time for a full court hearing where both parties can present their case, and a more permanent restraining order can be considered.
• Issuance: To obtain a TRO, a person must file a petition with the court, providing evidence of the need for protection. The judge will review the petition and decide whether to issue the TRO based on the presented evidence.

A Permanent Restraining Order is issued after a court hearing and provides long-term protection.

• Purpose: Permanent Restraining Orders are designed to offer extended protection to individuals who have demonstrated a continuous need for safety from abuse, harassment, or threats.
• Duration: These orders can last up to 5 years and may be renewed if necessary. The duration depends on the circumstances of the case and the judge’s decision.
• Issuance: To obtain a Permanent Restraining Order, the petitioner must attend a court hearing where both parties present evidence and testimony. The judge will decide whether to issue the order based on the evidence of ongoing risk or harm.

A Criminal Protective Order (CPO) is issued in conjunction with criminal proceedings and is designed to protect victims of crime, particularly in cases involving domestic violence.

• Purpose: CPOs are intended to protect individuals who are involved in criminal cases where the accused has been charged with a crime against the victim, such as assault, stalking, or domestic violence.
• Duration: The duration of a CPO is typically aligned with the criminal proceedings. It may remain in effect throughout the trial and sentencing, and sometimes even after the criminal case is resolved.
• Issuance: CPOs are issued by the court as part of the criminal justice process. They are often requested by prosecutors or law enforcement officers to ensure the safety of the victim during and after the criminal proceedings.

A Civil Harassment Restraining Order is used to address harassment that is not related to domestic violence but involves repeated or severe harassment from individuals such as neighbors, coworkers, or acquaintances.

• Purpose: This type of order is intended to protect individuals from harassment, stalking, or threats by someone who does not have a close relationship with the petitioner.
• Duration: Civil Harassment Restraining Orders can be issued for up to 3 years and may be extended if necessary.
• Issuance: To obtain a Civil Harassment Restraining Order, the petitioner must file a request with the court, detailing the harassment experienced and providing evidence to support their claims. A hearing will be held to determine whether the order is warranted.

An Elder or Dependent Adult Abuse Restraining Order is specifically designed to protect older adults and dependent adults from abuse or neglect.

• Purpose: This order is intended to safeguard individuals aged 65 or older, or those who are unable to care for themselves due to a physical or mental disability, from abuse, neglect, or exploitation.
• Duration: These orders can be issued for up to 5 years and may be renewed if the abuse or threat of abuse continues.
• Issuance: The petitioner must file a request with the court, providing evidence of abuse or neglect. A court hearing is held to assess the need for protection and to issue the restraining order.

Understanding the different types of restraining orders available in California is crucial for navigating legal protections and ensuring safety. Each type of restraining order—Emergency Protective Orders, Temporary Restraining Orders, Permanent Restraining Orders, Criminal Protective Orders, Civil Harassment Restraining Orders, and Elder or Dependent Adult Abuse Restraining Orders—serves a specific purpose and provides varying levels of protection based on the circumstances of the case. Knowing which type of order to seek and how to obtain it can help individuals effectively address and prevent abuse, harassment, and threats.