Types of Restraining Orders Attorney David D. Diamond is a State Bar Certified Criminal Law Specialist. His decades of experience are exactly what you need to overcome your criminal charges

Types of Restraining Orders in California

There are many types of restraining orders:

  1. An EPO stands for emergency protective order. It is issued by a law enforcement officer with the permission of a Judge or Commissioner. This is usually done immediately at the scene of the incident.
  2. A Civil Harassment restraining order is issued when a person has suffered harassment by any of the following: unlawful violence, a credible threat of violence or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person and that serves no legitimate purpose.
  3. A Domestic Violence Restraining Order is designed to prevent a batterer from continuing abusive acts. These acts of abuse are defined as: intentional or reckless attempts to cause bodily injury, sexual assault, placing a person in reasonable apprehension of imminent serious bodily injury to that person or another, or engaging in any behavior that has been or could be enjoined such as molesting, attacking, striking, stalking, threatening, battering, harassing, telephoning, destroying personal property, contacting the other by mail or otherwise, disturbing the peace of the other party.
  4. An Elder Abuse Restraining Order is issued to protect an older person when there is a threat of harm or wrongdoing. If you are 65 or older, or you are between 18 and 64 and have certain disabilities, and if you are a victim of any of the following: physical or financial abuse, neglect, abandonment or treatment that has physically or mentally hurt you.
  5. A Workplace Violence Restraining Order is given when an employee has suffered unlawful violence or a credible threat of violence from an individual that can reasonably be construed to be carried out or to have been carried out at the workplace. This individual may a temporary restraining order and an injunction on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.

How Long Do Restraining Orders Last?

Type of Order

Duration of Order

Who May Seek the Order

Criminal Protective Order in
Criminal Case Pursuant to
Penal Code §136.2


Lasts as long as the criminal proceeding, and can go up to the length of probation or a 10 year provision under § 646.9 (k)

Prosecutor
In order to protect victim/witness from intimidation/

Emergency Protective Order (Penal Code § 646.91 or Family Code § 6240 et.seq.)

No more than five (5) Court Days or 7 days maximum

Peace Officer (Police Officer):
Stalking, Domestic Violence, Child Abuse, Child Abduction, Elder or Dependent Adult Abuse, Civil Harassment and Workplace Violence.

Civil Harassment
(CCP §527.6)
Temporary Restraining Order

Permanent Restraining Order After Hearing


TRO can last 21-25 days until permanent hearing (sometimes longer if court is too busy to hear permanent matter within 21 days)

Up to 3 years

Injured party: to prevent stalking/violence/harassment.


Workplace Violence
(CCP §527.8)
Temporary Restraining Order

Permanent Restraining Order after Hearing

21-25 days until permanent hearing (sometimes longer if court is too busy to hear permanent matter within 21 days)

Up to 3 years

Employer: to prevent stalking workplace violence harassment.

Domestic Violence
Temporary Restraining Order
(Family Code§ 6200 et. seq . )
Permanent Restraining Order After Hearing

21-25 days until permanent hearing
Up to 5 years

Victim

Our restraining order legal team will advocate to your best interests to make sure you are protected, both in and out of the courtroom - Call (888) 860-6570 today.
Contact us to schedule a free initial case evaluation now!

Contact Attorney David Diamond Now

You need an attorney who will aggressively fight for your rights.
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.

Client Testimonies

  • I've seen a lot of attorneys throughout my years, and I have to say you're one of the best I've seen.

    “I've seen a lot of attorneys throughout my years, and I have to say you're one of the best I've seen. I thought you were organized, you were prepared, you had great arguments, you had a great composure with this jury. Your legal research was spot on.”

    - Los Angeles Superior Court Judge, Compton Branch, Robbery-Gang Trial
  • Thank you so much for all of your help!

    “Thank you so much for all of your help! I hope none of our family has to go through an appeal, but if they do, with great confidence, I would be happy to recommend you! Thank you again!”

    - C.M.
  • I would like to thank you for your professionalism, dedication and favorable results in my case.

    “I would like to thank you for your professionalism, dedication and favorable results in my case. I appreciate knowing and being able to count on your firm. If I ever need your services in another case, I will not hesitate to call you.”

    - E. S.
  • I am sure glad that I had David Diamond on my side.

    “As a peace officer, I never imagined that someone would attempt to serve me with a restraining order, but I am sure glad that I had David Diamond on my side. I cannot thank you enough, David. I would recommend the services of David Diamond to everyone.”

    - A.P.
  • Dave proved to be not only very competent but also very aggressive on my behalf.

    “Great Job, Dave! You will always be my first call... But in fairness, I hope I will never need your services again.”

    - Rob P.
/

Real Results

  • Not Guilty Verdict CA v J.R.
  • Dismissed CA v A.C.
  • Argued Successfully CA v C.V.
  • Motion to Suppress the Stop and Search GRANTED CA v C.M.
  • New Trial Ordered CA v. M.E.
  • Motion to Suppress Evidence, Case Dismissed CA v. M.G
  • Hung Jury One Count Carjacking, Gang Enhancement
  • Reduced to Seven Years Client Facing 3rd Strike (Life in Jail)
  • Reduced to Public Intoxication DUI
  • Reduced to Exhibition of Speed DUI
/