Restraining Orders

Restraining orders are used to prevent violence, harassment, stalking, and other forms of abuse. They are issued using the sworn testimony of the party requesting the order. Sometimes referred to as protection orders, restraining orders are issued by a judge in both criminal and civil cases.

When used in a civil case, a restraining order can be intended to prevent two or more parties from making contact or performing actions that may constitute a public nuisance. In criminal cases, these injunctions are intended to prevent one party from doing harm to another by prohibiting movement or behavior which would be likely to bring the two parties into close proximity or contact with each other.

TYPES OF RESTRAINING ORDERS IN CALIFORNIA

Different types of protection orders can be issued to suit the circumstances of a given case.

Domestic Violence

A domestic violence restraining order is issued to prevent abuse that is defined as reckless or intentional efforts to cause injury, sexual assault, placing a person in fear of imminent harm, or engaging in behavior such as striking, molesting, stalking, attacking, battering, threatening, destroying property or otherwise disturbing the peace.

Emergency Protective Order (EPO)

An EPO is issued via permission of a judge by a law enforcement officer. These are usually issued at the scene of an incident.

Civil Harassment Restraining Order

These are issued to protect persons who have suffered substantial or severe harassment by violence, credible threat, or willful conduct which alarms, annoys, or harasses the protected party.

Workplace Violence Restraining Order

These orders are issued to prevent harm or abuse that is carried out at the victim’s place of work.

Elder Abuse Restraining Order

These protective orders are issued to protect a person aged 65 or older from harm or abuse. This type of order can also be granted to victims with certain disabilities.

THE STANDARD OF PROOF:

In California, the party applying for the restraining order is required to prove their claims by a preponderance of the evidence. This is a lower standard of proof than the ‘beyond a reasonable doubt’ standard. That is to say, the applicant need only persuade the judge that there is a likelihood that the other party may attempt to cause harm, harass, or abuse the applicant – and that harm may result from further interactions between the parties.

THE RESTRAINING ORDER PROCESS

When someone asks for a civil harassment restraining order in court, they have to file court forms telling the judge what orders they want and why. What happens after that varies a little from court to court, but the general steps in the court case are:

1. The person wanting protection has to file court forms asking for the civil harassment restraining order.
2. The judge will decide whether or not to make the order by the next business day. Sometimes the judge decides sooner. Then, the clerk will set a date for a hearing.
3.  If the judge grants (gives) the orders requested, he or she will first make “temporary” orders that only last until your court date. The court date will be on the paperwork. These temporary orders can include issues like:
   • Ordering the restrained person to have no contact (including no phone calls or e-mails) with the protected person (and other protected people); or
   • Ordering the restrained person to stay away from the protected person (and other protected people).
4. The person asking for protection will have to “serve” the other person with a copy of all the restraining order papers before the court date. This means that someone 18 or older (NOT involved in the case) must hand-deliver a copy of all the papers to the restrained person.
5. Both sides go to the court hearing.
   • If the protected person does not go to the hearing, the temporary restraining order will usually end that day and there will no longer be a restraining order.
   • If the restrained person does not go to the hearing, he or she will have no input in the case and his or her side of the story will not be taken into account.
6. At the hearing, the judge will decide to continue or cancel the temporary restraining order. If the judge decides to extend the temporary order, the “permanent” order may last for up to 5 years.

If you or someone close to you is in need of a criminal or civil restraining order, do not waste time and call the Melody today! It is urgent to have an experienced attorney like Melody to compile and present your evidence to a judge.

THE INFORMATION ON THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. NOTHING ON THIS SITE SHOULD BE TAKEN AS LEGAL ADVICE FOR ANY INDIVIDUAL CASE OR SITUATION. THIS INFORMATION IS NOT INTENDED TO CREATE, AND RECEIPT OR VIEWING DOES NOT CONSTITUTE, AN ATTORNEY-CLIENT RELATIONSHIP.