Types of California Restraining Orders and FAQs
Understanding the types of restraining orders in California is essential if you are navigating a criminal case or seeking a protective order for your safety. Here is a breakdown of each type, so you know which might be right for your situation as you navigate a divorce or separation.
The Types of Restraining Orders
In California, restraining orders – also called protective orders – are legal orders that restrict a person from approaching or contacting another. Essentially, a court grants them based on evidence showing that someone poses a threat or harm. People request restraining orders for various reasons, such as protection from harassment, stalking, threats, or violence. California offers multiple types of restraining orders:
- Domestic Violence Restraining Orders: Protects individuals from harm within their household, family, or romantic relationships.
- Civil Harassment Restraining Orders: Apply to cases where the parties do not share a close familial or romantic relationship.
There are other types of restraining orders, but these two are the most common that litigants request in divorce or parentage cases.
FAQ About California Restraining Orders
Q: Do restraining orders go on a person’s record?
A: Yes, both temporary and permanent restraining orders go on a person’s record. Violating a restraining order can lead to separate criminal charges.
Q: How long do temporary restraining orders last?
A: Temporary restraining orders typically last until a court hearing is held and a determination is made by the court to grant or deny a permanent restraining order.
Q: Are permanent restraining orders really permanent?
A: No, permanent restraining orders last up to five years or fewer, but they can be renewed.
Contact Cardwell Steigerwald Young, LLP
If you are considering a restraining order, contact the experienced family law and domestic violence attorneys at Cardwell Steigerwald Young, LLP. They can help you understand which type of restraining order best suits your needs and case and assist with the process.
Source:
sf.courts.ca.gov/self-help/restraining-orders
