California Restraining Orders
What Is A Restraining Order?
Categorical Types of Restraining Orders
Temporary (ex-parte)
A judge grants temporary restraining orders when they believe there is an immediate danger of harm. This happens most often in domestic violence situations or when a situation places a child in immediate and present danger.
The court doesn't require the respondent to be present or even to be given notice of the hearing.
These temporary orders remain in effect until your court date, which is typically 20-25 days.
The court also awards emergency protective orders in real-time emergencies. They last up to 7 days and are initiated by police, versus a temporary restraining order, which requires filing with the court.
Permanent
Given that a Permanent Restraining Order can remain in effect for up to five years, it requires a higher burden of proof. This means the person requesting the order must show the court the need for ongoing protection.
The court only orders permanent restrictions after a hearing. In these cases, the respondent must be notified and given the opportunity to tell their side of the story.
Types of restraining orders
Looking beyond timeframes, the four main types of restraining orders are:
- Domestic Violence,
- Civil Harassment,
- Elder or Dependent Adult Abuse,
- and Workplace Violence.
But there are others as well. Such as:
- Private Postsecondary School Violence,
- Gun Violence,
- Transitional House Misconduct,
- Criminal Protective Orders (Stay-Away orders),
- Juvenile Restraining Orders. (Protection from Juvenile, not for juvenile.)
Automatic Temporary Restraining Order (ATRO)
In California, there are also Automatic Temporary Restraining Orders(ATROs). They are automatically applied when your divorce petition is filed. This restraining order prevents actions such as:
- taking money from joint accounts,
- making withdrawals from retirement or investment accounts,
- and running up significant debt/credit while the divorce is pending.
If finances are being used to gain economic control or sabotage the other party, that qualifies as abuse, meaning a Domestic Violence Restraining Order can apply.
How Do You File For A Temporary Restraining Order?
You must file restraining orders with the appropriate family court. After you submit the forms, a judge will review them. It’s possible that the court will grant a temporary order on the same day you file the paperwork, but in some cases, it may take up to 48 hours.
Regardless of whether you receive a temporary order, a hearing will be scheduled, typically a few weeks after you file the paperwork.
The person against whom you are filing the restraining order must receive formal notice that the restraining order has been filed.
The judge cannot grant any long-term orders until the documents have been properly served and the other party has been notified.
