Restraining Orders In California Must Be Taken Very Seriously

by David Dworakowski on Sep. 12, 2019

Criminal Divorce & Family Law  Family Law Divorce & Family Law 

Summary: This article details the different types of restraining orders and why they need to be taken so seriously.

What is a Restraining Order?

A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.” If a restraining order is not complied with, the violator may face civil and/or criminal penalties, such as fines and jail time. Violations also have very serious consequences in Family Court on custody and support issues.

If you are seeking a restraining order, or fighting against an order to have you restrained, it is imperative that you consult with an experienced restraining order lawyer to determine the immediate steps to be taken in your case. The attorneys at Quinn and Dworakowski, LLP, have decades of experience successfully handling restraining orders. We have a licensed in-house investigator, and we aggressively represent our clients’ interests.   

Available Restraining Orders:

1. Emergency Protective Order (EPO)

An EPO is a type of restraining order that only law enforcement can ask for by calling a judge. Judges are available to issue EPOs 24 hours a day. So, a police officer that answers a call because of violence or a serious threat can ask a judge for an emergency protective order at any time of the day or night.

The emergency protective order starts immediately and can last up to 7 days. The judge can order the abusive person to leave the home (if they live with you) and stay away from you for up to a week. That gives you enough time to go to court to file for a temporary restraining order.

To get a more permanent order, you first must ask the court for a temporary restraining order (also called a “TRO”)

2. Domestic Violence Temporary Restraining Order (DVRO)

A Domestic Violence Temporary Restraining Order is put into place for alleged victims of domestic violence by a judge for an initial 15-21 days. Upon the next court date, the court will conduct an evidentiary hearing (like a trial) to determine whether the temporary restraining order should be dismissed or should be made a permanent order. A permanent restraining order can last for up to five years. Domestic Violence Restraining Orders have very serious consequences in Family Court. A finding of abuse by the court means you are presumed unfit to be a parent under section 3044 of the Family Code. It can also mean impact your ability to receive spousal support

3. Workplace Violence Restraining Order (WVRO)

Under California Code of Civil Procedure section 527.8 an employer whose employee has suffered unlawful violence or threat of violence from any individual that can be construed to be, or to have been, carried out at the workplace, may seek a restraining order through the court. An employee may not seek a Workplace Violence Restraining Order on his or her own behalf. The value of such a restraining order is that if the restrained person appears at the work premises the police can and will arrest that person. Also, by seeking a restraining order, an employer protects against their own liability issues, while also assuring employees that their safety and wellbeing is paramount.

4. Criminal Protective Order (“No Contract” Order)

A Criminal Protective Order can be obtained through the District Attorney’s office and is issued to protect victims or witnesses of a crime. This order will last as long as the court proceedings and could be lengthened to 10 years. In order to obtain this type of order, you or your attorney must prove to the court that the defendant harmed you, threatened you or your family, and/or tried to coerce you not to testify.

5. Civil Harassment Restraining Order (CHO)

A civil harassment restraining order can be sought by any person who feels that the court must intervene to stop certain conduct by another party. These types of restraining orders are often brought by neighbors who believe that one of the people living near them must be restrained from certain type of conduct.

The attorneys and investigators at Quinn & Dworakowski, LLP, are tenacious at protecting our clients’ rights in restraining order matters. We have more than 30 years of experience litigating for, and fighting against, protective orders and have successfully handled hundreds of such cases.

Give us a call; we’ll take it from there.

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