A domestic violence restraining order is an order issued by the state’s civil court designed to stop one person from harming another. The purpose of this order is to stop violent behavior and keep the abuser away from the victim. If the accused person does something that is not allowed by the restraining order issued by the court, he may have violated the law. In such cases, the victim can request the court or police to enforce the restraining order.
Just like all other states, California has its restraining order laws. The requirements for getting restraining orders vary from state to state. It is also called a protection order, injunction or simply the order of protection. In California, Restraining orders are classified into three main categories.
Emergency Protective Order (EPO)
As per family code section 6250 of California law, a law officer can request an emergency protective order only if the officer believes that the person asking for a protection order is in danger from the person accused of domestic violence. A judicial officer can issue an emergency protective order based on a credible allegation from the person requiring protective order in case of the following conditions:
- A person is facing a potential threat of domestic violence from another person in a household.
- A child is in danger of abuse by a household or family member.
- A minor is in danger of being abducted by a family member.
- A senior family member or a dependent adult is in danger of being abused by another family member.
When EPO is issued, it stays in effect for seven calendar days. In case the accused person is living with the victim, the judicial officer can ask him/her to leave the house for the period of EPO.
The primary purpose of EPO is to protect the abused persons until they get temporary restraining orders – if they are eligible.
Temporary Restraining Order (TRO)
Temporary Restraining Order is a pre-trial temporary injunction that is issued to protect the victim. To obtain TRO, the party is required to convince the judge that the victim will suffer irreparable physical loss unless TRO is issued. A judge may issue TRO if necessary – even without conducting any hearing or informing other parties. Depending on the nature of the case, TRO can last from 20 to 25 days. Upon the termination of TRO, both parties will be ordered to attend the court hearing. In this hearing, the court will decide whether to issue a “permanent” restraining order.
Permanent Restraining Order
Usually, Judges in California don’t issue Permanent Restraining Order lightly. However, if the case is serious and the victim is in potential danger of domestic abuse, the judge may grant Permanent Restraining Order. Permanent Restraining Order is considered the most severe form of a restraining order in the state of California. Moreover, the consequences of these orders are also serious. It is essential to grant them impartially because they deal with the most intimate types of relationships. If you live in California and want a Permanent Restraining Order, you need to build your case on solid foundations. Also, you are required to hire a qualified lawyer and legal expert who will help you present your case in court.