Domestic Violence Restraining Orders

Domestic violence is abuse or threats of abuse between people who are relatives or are in or have been in an intimate relationship (married, dating, living together, or have a child together).

Under California law, “abuse” is:

• Physically hurting or trying to hurt someone.
• Sexual assault.
• Threatening to hurt someone.
• Behavior such as harassing, stalking, or threatening someone.
• Disturbing someone’s peace or destroying someone’s personal property.

Abuse can also be verbal, emotional, or psychological. If you are being abused in any way, it may help to talk confidentially to a West Covina family attorney to learn about your rights and the legal steps you can take.

Restraining Orders

A domestic violence restraining order is a court order that helps protect people from abuse or threats of abuse from someone they have a close relationship with. You can ask for a domestic violence restraining order if:

• A person has abused or threatened to abuse you; and
• You have a close relationship with that person, such as married, dating, or closely related.

You can also seek a restraining order for your child.

A restraining order can order the restrained person to:

• Avoid contacting you or going near you, your children, or other relatives.
• Stay away from your home, work, pets, or your children’s schools.
• Move out of your house.
• Not carry a weapon.
• Obey custody and visitation orders.
• Pay child support.
• Pay spousal support.
• Pay particular bills.
• Return certain property.

Once the court issues a restraining order, the order is entered into a statewide computer system called CLETS that all law enforcement personnel can access. If you have a restraining order from another state, it is enforceable in California.

A restraining order cannot end your marriage or establish your children’s paternity.

Types of Domestic Violence Restraining Orders

There are four main types of domestic violence restraining orders:

• Emergency Protective Order (EPO): An EPO is a restraining order that only police officers can get, usually after responding to a domestic violence call. Judges can issue EPOs 24 hours a day. EPOs are effective immediately and can last up to 7 days.
• Temporary Restraining Order (TRO): TROs are granted immediately and usually last between 20 and 25 days, until a hearing date for a permanent order.
• Permanent Restraining Order: Permanent restraining orders usually last up to 3 years. You can request a new restraining order when the current one expires.
• Criminal Protective Order or “Stay-Away” Order: The district attorney may file criminal charges against the abuser. Criminal courts often issue a criminal protective order against the abuser while the case is pending, and, if the defendant is found guilty, for 3 years after the case is over.

Contact Us

The domestic violence legal process can be confusing and intimidating. Having an experienced West Covina family lawyer can help make the process easier. West Covina family attorney Daniel V. Cota has extensive experience with every aspect of family law in California. For a free confidential consultation, call (800) 351-6850 today.