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Domestic Violence and Restraining Orders
What is a Domestic Violence Restraining Order?
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A restraining order is a mandate or judicial order issued by a judge with the purpose of preventing harassment or abuse, not only between married couples but also between dating partners or open relationships, whether or not children are involved, as well as between parents and children and vice versa. In many cases, it also applies between siblings or other family members.
How does this type of restraining order or judicial mandate work?
This type of judicial order requires an individual to cease any type of communication, contact, or to stay away from another person or persons named as alleged protected persons in the restraining order(s).
In the State of California, four types of restraining orders are recognized and are valid across all public service agencies throughout the United States:
- The Emergency Protective Order (EPO)
- The Temporary Restraining Order for Domestic Violence (TRO or DVRO)
- The Criminal Restraining Order (No Contact Order)
The Civil Harassment Restraining Order (CHRO)
What is the Purpose of These Restraining Orders?
Restraining orders are intended to protect the individuals named in the order and prevent any form of contact or conduct that may endanger their safety or peace. Specifically, they prohibit the restrained person from:
- Harassing, bothering, stalking, assaulting, surveilling, following, or disturbing the peace of the protected person(s).
- Having any type of communication, direct or indirect, with the protected person(s) by any means, including phone calls, emails, text messages, social media, instant messages, letters, notes, or any other written or electronic means.
- Coming within the distance established by the judge of the protected person(s), as well as their home, workplace, school, or other properties specified in the order.
- Violating a restraining order constitutes a crime and may result in arrest and imprisonment for violating a court order.
Detailed Explanation of the Types of Restraining Orders in California
Emergency Protective Order (EPO): Issued by law enforcement authorities and lasts for five days. This type of order is obtained in emergency situations by victims of domestic abuse where safety is at immediate risk. For example, if someone is assaulted by their partner and fears for their safety, they may request an EPO for protection.
Temporary Restraining Order for Domestic Violence (DVRO or TRO): Issued by a civil court and can last up to three weeks, with the possibility of being extended to permanent orders that may last from one to three years. These orders are used in domestic abuse cases where a person seeks protection against a family member, spouse, or partner with whom they have or had a romantic relationship.
“No Contact” Order: Issued by the district attorney’s office in active criminal cases of domestic violence. This order prohibits any form of communication with the victim, whether direct or indirect, including phone calls, text messages, emails, or in-person contact. For example, if someone is accused of assaulting their partner, the prosecutor can issue this order to protect the victim during the judicial process.
Civil Harassment Order (CHO): Issued by a civil court and used to stop harassment or any other threatening or harmful behavior by people who do not have family ties. This order can be requested by anyone being harassed by a coworker, neighbor, roommate, or another individual not part of their family. For example, if someone is being harassed by a neighbor, they can request a CHO to avoid unwanted contact and protect their safety and well-being.
Violations of restraining orders are taken very seriously by the authorities. Once a restraining order takes effect, any form of communication with the alleged victim constitutes a violation. This can result in charges for noncompliance or contempt, which can lead to serious legal consequences, including possible jail or prison time. Therefore, it is crucial to respect the terms of the restraining order to avoid additional legal problems.
What is a CLETS Restraining Order?
Normally, a restraining order requires the individual to whom it is issued to refrain from or stop certain acts of aggression and to stay away from the protected person. For example, a restraining order may require an individual to remain 300 feet away from the person who requested the order for the following acts:
- Harassment
- Abuse
- Domestic Violence
- Sexual Assault Cases
Alternatively, a restraining order may require an individual to cease all contact with the person who requested the order. These orders may vary in duration, from several days to several years, and may even carry criminal penalties for violations. They also provide the opportunity to renew the restraining order or request it to become permanent.
Generally, a restraining order is issued to prevent an individual from physically harming another, although it may also be issued to prevent economic or emotional harm. In addition, restraining orders can be issued to protect specific individuals as well as other family members and friends.
An example of this situation would be a child protection order. A restraining order may also be placed to protect:
- A Business
- Property
- The General Public
As mentioned above, a restraining order may last for different periods of time, depending on the needs of the person seeking protection and the court that ordered the protective measure. There are several different types of restraining orders with different durations, including:
Emergency Protective Order (EPO): These orders take immediate effect and are generally reserved for situations where the safety and well-being of an individual or a child are at risk. The most common example is when a violent domestic dispute occurs. EPOs usually expire within a week or less, or last until a hearing is held.
Temporary Restraining Order (TRO): Essentially a normal restraining order with a limited duration that expires within a few weeks or may last until a full hearing is held to determine how long the order should remain in effect.
Permanent Restraining Order (PRO): These orders are intended to last a fixed number of years and may be renewed or extended if the threatening behavior has not stopped.
When an individual requests a restraining order, they must provide basic proof that they are being victimized by the other party. Acceptable evidence may include:
- Physical evidence
- Witness testimony
- Written statements
Actions that result in the issuance of a restraining order include, but are not limited to:
- Harassment
- Stalking
- Physical Violence
- Sexual Assault
- Mental Abuse
- Emotional Abuse
- Kidnapping
- Assault or Battery
A restraining order is generally obtained in connection with a trial or through a direct request to a judge. An example of obtaining a restraining order in connection with a trial would be a domestic violence trial.
This type of restraining order often evolves into a more permanent restraining order. Requesting a restraining order directly from a judge occurs more commonly in connection with an emergency restraining order or a temporary restraining order.
In addition, some restraining orders may be obtained without the other party, the offender, being present. These types of orders are called ex parte orders.
Ex parte orders are most often temporary orders that later become longer-lasting orders. Whether an order can be modified depends on the type of restraining order originally issued.
In most cases, a modification of a restraining order involves converting a temporary order into a more permanent order. An example of this would be when a temporary restraining order is issued at the beginning of a trial to protect a victim while the trial is ongoing.
Once the trial has concluded, the court may issue a permanent order if it determines that the offender committed the behavior they were accused of.
Restraining orders may be relaxed or lifted if the offender demonstrates rehabilitation or has completed various reform requirements. These requirements may include probation or supervised release.
Regardless of the type of modification, it must go through the judicial system and be approved by a judge. If the order is violated, the offender may be charged with contempt of court or face some other type of punishment, including criminal penalties.
CLETS restraining orders are only available in California.
CLETS stands for California Law Enforcement Telecommunications System. This means the information is provided to law enforcement authorities.
If there is a CLETS restraining order against an individual, they cannot possess a firearm. This can have a significant impact on an individual if they work in a profession that requires a weapon, such as a security guard or police officer.
In addition, a CLETS restraining order will appear on a background check. Other minor forms of restraining orders will not.
Being subject to a domestic violence restraining order can have significant and far-reaching consequences. In addition to affecting family and personal relationships, it can leave a permanent record on the person’s criminal history. This record can make it extremely difficult to obtain employment or housing in the future, as many companies and landlords conduct background checks.
It is essential to seek legal advice and follow the proper process to defend your rights and adequately protect yourself during these difficult situations. At Progresso Legal Group, we are committed to providing support to families facing these legal challenges. Our expert team offers personalized advice and dedicated representation in a variety of legal areas, including Family Law, Criminal Defense, and Immigration.
For more than two decades, we have been a strong source of support for families in Los Angeles, especially for those who are new to the United States or who face language barriers in the legal system. We understand the specific challenges that underserved families face and are committed to guiding you and your loved ones through difficult times, firmly protecting your rights at all times.
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