Types of Restraining Orders in California
There are many types of restraining orders:
- 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.
- 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.
- 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.
- 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.
- 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
|
|
Prosecutor
|
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):
|
Civil Harassment
Permanent Restraining Order After Hearing |
Up to 3 years |
Injured party: to prevent stalking/violence/harassment. |
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
|
21-25 days until permanent hearing
|
Victim |
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