What Is a Restraining Order?
A restraining order is a court order that tells one person to stay away from another. It is used when someone feels threatened, abused, or harassed. The person asking for the order is called the protected person, and the person who must follow the order is called the restrained person. The court gives these orders to prevent harm and protect people from future danger.
Restraining orders often come with immediate legal restrictions. These might include staying away from someone’s home, work, or school. The order may also stop any contact through phone calls, texts, or messages. A restraining order is serious and can have major legal consequences if broken. Whether the case involves domestic violence, harassment, or other threats, the court acts quickly to protect people who ask for help.
Types of Restraining Orders
In California, there are different types of restraining orders depending on the situation and level of danger. Some are short-term and given quickly by police or judges, while others last much longer after a court hearing.
Each type is made to protect the victim and prevent more harm. The court decides which one is needed based on the facts of the case.
Emergency Protective Order (EPO)
An emergency protective order (EPO) is a short-term protection order issued by a judge, usually at the request of a police officer. This type of order is meant to give immediate protection when there is a serious threat of physical harm or abuse. Emergency protective orders are often given right after a domestic violence call or when a person is in danger at home.
The restrained person must follow the rules right away, even if they have not been to court yet. These orders usually last for up to 7 days, giving the protected person time to ask the court for a longer order.
Temporary Restraining Order (TRO)
A temporary restraining order (TRO) is issued by a judge after a person files for protection and explains the threat or abuse. It gives short-term protection until a full court hearing can be held. The judge reviews the request and, if convinced there is a danger, approves the TRO quickly without waiting for the restrained person to respond.
The temporary restraining order usually lasts for about three weeks, and during this time, the restrained person must stay away from the protected person and follow all the rules listed in the order. A hearing is then scheduled to decide if a longer order is needed.
Permanent Restraining Order
A permanent restraining order is not truly permanent, but it can last up to five years in California. It is granted after a full court hearing where both sides get to speak and presenting evidence is allowed. If the judge believes the protected person is still at risk of harm or abuse, the order can be put in place for a longer time.
The permanent restraining order includes strong legal restrictions, like no contact, staying a certain distance away, and no possession of firearms. The person can return to court to extend the order if the threat continues when the time is up.
Civil Harassment Restraining Order
A civil harassment restraining order is used when the protected person is being harassed, stalked, or threatened by someone who is not a close family member or romantic partner. This may include neighbors, roommates, co-workers, or even strangers. The goal is to stop unwanted contact, messages, or actions that cause fear or emotional stress.
These cases still go through the court, and the judge can issue temporary or long-term orders based on the evidence. If granted, the restrained person will face serious consequences for violating the order, including criminal charges and possible jail time.
Who Can Request a Restraining Order?
- Spouses or former spouses: A person can ask for a restraining order if they were married to the other person and are experiencing threats, harm, or abuse.
- People in dating or romantic relationships: If you were in a close or intimate relationship with someone who is now abusive or threatening, you can file for a restraining order.
- Family members: This includes parents, children, siblings, grandparents, or in-laws who are experiencing harm or threats from another family member.
- Roommates or people who live together: If you share a home and face abuse, threats, or harassment, you can seek protection through the court.
- Victims of harassment or stalking: Anyone who is being followed, harassed, or threatened by someone they do not live with or have a relationship with can file for a civil harassment restraining order.
- Parents on behalf of minor children: A parent can request a restraining order if their child is being harmed or threatened, even if the parent is not the target.
What Does a Restraining Order Do?
A restraining order is a court order that tells a person to stop certain behaviors and stay away from another person. It may order them to avoid physical harm, stop contacting the protected person, and stay a certain distance away from their home, work, or school.
In some cases, it also stops them from owning or using firearms. The order is meant to provide immediate protection and make sure the restrained person follows strict legal restrictions. Breaking the order can lead to criminal charges and even jail time.
How a Restraining Order Can Affect Your Life
A restraining order does more than just limit your contact with another person. It can change many parts of your life in serious ways. The effects can last even after the order ends.
A few of the biggest ways a restraining order can affect your record, rights, and future include:
Criminal Record
If a restraining order is issued against you, it may appear in background checks, especially if you are charged with a criminal offense for violating it. Even if the original restraining order was part of a civil case, breaking it can lead to criminal charges, which stay on your criminal record. This can affect your ability to get a job, apply for housing, or qualify for certain licenses.
In some cases, just having the order on record may create problems for your professional life or public reputation.
Loss of Gun Rights
A restraining order may also lead to a loss of gun rights. In many cases, the court will order you to give up any firearms you own and stop you from buying new ones while the restraining order is active. If the order is related to domestic violence, the restrictions can be even stronger.
This can impact your rights permanently if you are later convicted of violating the order. Failing to follow these rules may also bring more legal consequences, including new criminal charges or jail time.
Custody and Visitation Restrictions
A restraining order can greatly affect your ability to spend time with your children. If you share custody, the court may temporarily take away your visitation rights or limit your contact with your child.
In cases involving child custody, the judge may decide that it is not safe for the protected person or children to be around you. This can lead to changes in custody arrangements, even if you had shared custody before. These changes are often hard to reverse and can have long-term effects on your relationship with your children.
Public Reputation and Relationships
Even if a restraining order is not part of a criminal case, having one against you can hurt your name in the community. People may assume the worst, especially if the order is related to abuse, threatening behavior, or domestic violence. This can damage professional relationships, make it harder to find work, or lead to social stigma.
Friends, family, or coworkers may keep their distance, even if the claims are not proven. Your standing in the community may suffer just because of the order.
Criminal Charges for Violations
If you break the rules in a restraining order, you can face criminal charges right away. For example, contacting the protected person through phone calls, texts, or even social media can be seen as a violation. You may also be charged for being within a certain distance of that person, even by accident. These violations are treated seriously and may lead to jail time, fines, or a criminal record.
In some cases, a single mistake can bring harsh punishment, especially if you were already warned by the court.
Can You Fight a Restraining Order?
Yes, you can fight a restraining order, but you must act quickly and with the right legal help. Many people think that once a temporary order is in place, nothing can be done. However, that is not true. With help from a skilled criminal defense attorney, you can challenge the claims and protect your rights throughout the restraining order process.
Restraining orders require strong proof that someone is at risk of harm. If the protected person cannot show real danger, the court may not continue the order. Your attorney can question their claims and show the judge why the order should not become permanent. During the hearing, your lawyer can point out weak points in the other side’s story and argue that there is reasonable doubt about the threats or harm.
Having strong legal counsel gives you the best chance to explain your side and prevent long-term legal problems.
What If You Need a Restraining Order?
If you are afraid for your safety or the safety of your children, you may need to ask the court for a restraining order. Whether you are facing threats, harassment, or domestic violence, getting legal protection quickly is important. A domestic violence restraining order can stop the other person from contacting you, coming near your home or work, or harming you in any way.
Even if you are not sure which type of protection you need, experienced criminal defense lawyers can provide the right advice and help you make a clear decision. They can explain your legal rights, help gather evidence, and guide you through every step. The process may feel stressful, but having the right legal assistance can give you peace of mind.
No one should feel unsafe. If you need protection, you have options and legal tools to protect yourself and your family.
FAQs
A restraining order is a legal order from the court that tells someone to stay away from another person. It is meant to protect people from harm, threats, or harassment. If someone is afraid for their safety or well-being, they can ask the court for help. Once a restraining order is in place, the restrained person must follow strict rules. Breaking these rules can lead to serious trouble, including jail time.
If you are facing a restraining order or need help filing one, you should not go through it alone. These situations involve serious legal proceedings, and one mistake can affect your freedom, your family, and even your job. Whether you are trying to protect yourself or defend against false allegations, the steps you take now are critical to the outcome.
