Los Angeles Domestic Violence Attorneys

What Is a Restraining Order and What Does It Do? 

Also known as protective orders, restraining orders are court orders that prevent a person (known as the “restrained person”) from harassing, stalking, threatening, or abusing another person or people (referred to as the “protected person/people”). There are several different types of restraining orders in California, each of which performs a similar but slightly unique function.

Some of the main types of California restraining orders include: 

• Personal Conduct Orders: Personal conduct orders can be used to stop the restrained person from committing specific acts against the protected person. This includes things like calling, emailing, sending messages, stalking, threatening, harassing, destroying personal property, attacking, battering, sexually assaulting, and disturbing the protected person’s peace.
• Stay-Away Orders: A stay-away order is what most people think of when they think of restraining orders. These are used to prevent restricted persons from coming within a certain distance of protected persons, as well as areas where protected persons may be, such as their homes, workplaces, schools, vehicles, daycares, etc.
• Residence Exclusion Orders: Also known as “kick-out” or “move-out” orders, residence exclusion orders allow a protected person to legally remove a restricted person from a shared residence. With a residence exclusion order, the restricted person must move out and may only take personal belongings until a court hearing.

Additionally, any of these or another type of restraining order may fall under one of the following categories: 

• Temporary Restraining Order: The court will almost always issue a temporary restraining order before a permanent restraining order. You do not necessarily need to go through a court process to receive a temporary restraining order; however, these orders only last for 30 days, with some exceptions. Typically, temporary restraining orders conclude in a court hearing with both parties appearing before a judge. At this hearing, the judge will hear both sides and decide whether to issue a permanent restraining order. In most cases, the court will decide on whether or not to grant your temporary restraining order within one business day of you presenting your case for consideration.  
• Permanent Restraining Order: Although they are called “permanent restraining orders,” these orders do not last forever—but they can be indefinite. Most permanent restraining orders last for a minimum of five years. At the end of the five years, you may request a renewal before a judge. To obtain a permanent restraining order, you must go through a somewhat lengthy court process. And, because they are California’s most restrictive type of restraining order, permanent restraining orders are generally only granted in cases involving people who represent a “serious and sustained” threat against another person.
• Emergency Protective Order: Unlike other types of restraining orders, emergency protective orders can be issued by any law enforcement officer in California, and they take immediate effect once they have been issued. In many cases, law enforcement officers will issue emergency protective orders on the spot when responding to domestic disturbance complaints. This forces the restricted person to leave the area immediately. It is also possible to request an emergency protective order. However, because emergency protective orders are relatively easy to obtain, they do not last long. If you believe that the individual still poses a threat to you, your children, or your family members, you may request a temporary restraining order.
• Criminal Protective Order: Criminal protective orders are less common than other types of protective orders, as they can only be granted when the suspected abuser has been charged with a crime, such as domestic violence or stalking. Typically, law enforcement will file criminal charges against someone who has committed an act of violence or abuse leading to serious bodily injury, as well as individuals who have a history of domestic violence. Criminal protective orders do not have a set time limit; instead, they remain in effect from the moment charges are filed until the moment a verdict is reached. If the restricted person is found guilty of his or her charges, the criminal protective order will remain in effect for an additional three years.