Different Types of Restraining Orders in California (2024)

Restraining orders are crucial legal tools for safeguarding oneself against harassment, abuse, and threats. When facing such situations in California, being familiar with the different types of restraining orders in California can better equip you to protect yourself and know your rights. Understanding the specific requirements and procedures for every kind of restraining order can help you obtain the appropriate protection you need.

Domestic Violence Restraining Orders (DVRO)

A domestic violence restraining order protects someone from abuse at the hands of a present or former spouse or cohabitant, dating partner, or family member. The types of abuse covered under these orders include:

• Physical abuse
• Sexual abuse
• Emotional abuse
• Verbal abuse
• Stalking and harassment

The victim must file a request with the court and detail the abuse and relationship with the abuser to get a DVRO. A temporary restraining order (TRO) is often granted immediately to provide interim protection until a full hearing can be held. A permanent restraining order can last up to five years, depending on the court’s decision.

Civil Harassment Restraining Orders (CHRO)

A civil harassment restraining order is issued against someone who engages in harassing, stalking, or threatening conduct against a person with whom they do not have an intimate relationship, such as a neighbor, coworker, or stranger. The types of harassment covered under these orders include:

• Stalking
• Harassing phone calls or messages
• Threats of violence
• Physical violence

The victim must petition the court for an order by providing evidence of the harassment. A judge may issue a TRO to provide immediate protection until they can convene a full hearing to determine if a longer-term order is necessary. If so, the court will establish a permanent CHRO for up to five years.

Workplace Violence Restraining Orders (WVRO)

Workplace violence restraining orders are designed to protect an employee from violence or threats of violence committed by the respondent or person the order applies to, at the victim’s place of employment or on their way there or back. Employers can apply for such orders on behalf of their workers. The types of violence covered under these orders include:

• Physical violence
• Threats of violence
• Stalking and harassment

An employer must file a petition with the court detailing the incidents of violence or threats against the employee. A TRO can be granted to provide immediate protection, with a full hearing to follow. A Permanent WVRO can last up to three years, based on the court’s decision.

Elder or Dependent Adult Abuse Restraining Orders (EARO)

Elder or dependent adult abuse restraining orders protect individuals who are 65 years or older as well as dependent adults with disabilities, from abuse, neglect, or exploitation. The types of abuse covered under these orders include:

• Physical abuse
• Financial abuse
• Neglect
• Emotional abuse
• Abandonment

An affected individual or their representative must petition the court with evidence indicating a history of abuse or neglect. A TRO can be issued to protect an individual on an interim basis, with a subsequent hearing that may lead to a longer-term order. A court can set up a permanent EARO for up to five years.

Gun Violence Restraining Orders (GVRO)

A gun violence restraining order is designed to prevent individuals who pose a threat to themselves or others from accessing firearms. This order temporarily prohibits the individual from purchasing, possessing, or receiving firearms or ammunition. The types of gun violence covered under these orders include:

• Threats of violence with a firearm
• Evidence of dangerous behavior with firearms
• Situations where an individual is deemed a significant risk to themselves or others

Certain family or household members, law enforcement officers, and (on a case-by-case basis) roommates or others who interact with the target on a recurring basis can petition for a GVRO. To do so, they must submit a written petition to the court, which might, at first, grant a temporary GVRO. The case is then rescheduled for a hearing on whether to grant a longer-term GVRO.

A temporary GVRO typically lasts up to 21 days until the court hearing. A long-term GVRO can last from one to five years, depending on the court’s decision.

School Violence Restraining Orders (SVRO)

A school violence restraining order may be obtained to protect a student or educational employee from threats or acts of violence that take place on or within reasonable proximity of a school or school property. This protection aims to keep threatened individuals from entering such grounds or otherwise coming into contact with students or employees of the educational institution. The types of violence covered under these orders include:

• Physical violence
• Threats of violence
• Harassment or stalking on school premises
• Any behavior that poses a risk to the safety of students or staff

School officials, such as principals and school district administrators, can request an SVRO. A petition with the court is filed, describing the act or threat of violence. A temporary order can be issued without unnecessary delay, and a court hearing will be scheduled to decide upon a longer-term order.

A temporary SVRO typically provides immediate protection until a court hearing can be held, usually within 21 days. A long-term SVRO can be granted for up to three years, depending on the court’s assessment of the situation.

FAQs

Q: What Is the Difference Between a Protective Order and a Restraining Order in California?

A: A protective order is a broader term that includes various court orders that are meant to protect individuals from harm. A restraining order is a type of protective order that specifically restricts an individual’s actions, such as approaching or contacting the protected person. Both serve to enhance the safety of individuals under threat.

Q: What Are the Elements of a Temporary Restraining Order in California?

A: A temporary restraining order (TRO) in California includes immediate, short-term protection until a court hearing can be scheduled. It aims to provide quick protection before the full hearing is convened. It typically lasts 20 to 25 days and requires proof of immediate harm or threat. The court reviews the petition and supporting evidence to decide on issuing the TRO.

Q: What Forms Do I Need for a Restraining Order in California?

A: To file for a restraining order in California, you typically need forms such as a:

• Request for Order (Form DV-100)
• Temporary Restraining Order (Form DV-110)
• Notice of Court Hearing (Form DV-109)

Additional forms may be required, depending on the specifics of the case. These forms help the court understand the situation and decide on appropriate protective measures.

Q: What Is a Different Name for a Restraining Order?

A: A restraining order can also be referred to as a protective order. In specific contexts, it might be called a civil harassment restraining order (CHRO), domestic violence restraining order (DVRO), or emergency protective order (EPO), among others, depending on the circumstances and relationships involved. These terms are used to specify the nature and context of the protection needed.

Contact a California Restraining Order Attorney

Understanding and obtaining the appropriate restraining order in California can significantly enhance your safety. If you or someone you know is in need of protection, don’t hesitate to reach out to our legal team at Quinn & Dworakowski, LLP, for a consultation.