Restraining orders help protect victims of abuse, harassment, or stalking. California courts issue various types of restraining orders, including emergency protective orders, temporary restraining orders, and permanent restraining orders. Temporary restraining orders offer temporary protection for a few days before a pending case is concluded or before the victim files for a permanent restraining order.
If you are a victim of abuse, stalking, or harassment, you can benefit from a temporary restraining order if you are afraid for your safety or the safety of your loved ones. Understanding how this works helps ensure you follow the right process to protect yourself and your loved ones. A skilled restraining order lawyer can help.
An attorney can also help if someone obtains a TRO against you. They will help you understand your rights, the provisions of the order, and your options.
What a Temporary Restraining Order in California Entails
A temporary restraining order (TRO) is an emergency, short-term protection provided by a court to protect a person experiencing abuse, violence, or harassment. It restricts another person’s actions by prohibiting contact or mandating distance for a few days before the protected person takes further action. A TRO is issued immediately when a person seeks a court’s protection for fear of their safety or the safety of their loved ones. It lasts about 21 days or until a scheduled court hearing.
A victim of violence or harassment can report the abuse or harassment and file for the court’s protection to stay safe until they take further action against their abuser or harasser. This can be done without the alleged perpetrator's involvement.
The primary purpose of a TRO is to prevent further harm, irreparable damage, or immediate harm to a person who is afraid for their safety. The order may contain several protections, depending on the underlying matter. These may include contact restrictions, whereby the restrained person is prohibited from making any contact with the protected person. The order can also require the restrained person to come within a particular distance of the protected person, including their home, school, or workplace.
Temporary restraining orders are used in various abuse or harassment situations, including domestic violence, elder abuse, gun violence, or civil harassment. A person can seek a court’s protection without necessarily filing criminal charges against their harasser or abuser. Once the order is issued and the restrained person is legally served, it remains effective for about 21 days or until a scheduled hearing.
Types of Temporary Restraining Orders
There are different types of TROs that California courts issue today. They include the following:
Domestic Violence Restraining Orders
These are issued in domestic violence situations. They protect victims of domestic violence against further harassment or abuse by people who are closely related to them. A victim of domestic violence can obtain a TRO against an intimate partner, former intimate partner, or a close family member, including their parents, siblings, in-laws, or someone they live in the same household with. Such restraining orders may contain a stay-away order, which may require the restrained person to move out of a home they share with the protected person.
Civil Harassment Restraining Orders
These are protective orders issued to protect victims of harassment from abuse or harassment perpetrated by someone who is not related to them. A victim of civil harassment can obtain a TRO against a roommate, neighbor, colleague, or acquaintance.
Dependent Adult or Elder Abuse Restraining Orders
These are issued against people who abuse or harass dependent adults or elders. An elder is an individual aged 65 or older. A dependent adult is anyone aged between 28 and 64 who is living with a disability and depends on other people for their everyday needs. A victim of this kind of abuse or harassment can obtain a protective order against a family member, caregiver, neighbor, or anyone who harasses or abuses them.
Workplace Harassment or Violence Restraining Orders
These protect victims of workplace abuse or harassment. Generally, employers are responsible for ensuring that the working environment for all their workers is conducive and safe. While a victim of workplace harassment or violence can file a lawsuit against their employer for failure to protect them, they can obtain a TRO against their harasser or abuser for temporary protection before taking further action against the abuser or employer.
Gun Violence Restraining Orders
These are issued against gun-holders who are a safety threat to themselves or others. A concerned person can file a petition in court to prevent a person from possessing or purchasing a firearm if the person is a danger to themselves or others. A TRO provides temporary restraint until a court resolves an underlying matter. The restrained person can face prosecution if they violate the provisions of the restraining order.
The Process of Getting a TRO
If you need temporary protection from abuse or harassment, you can talk to a skilled restraining order attorney. They will help you with the application process and ensure you understand its provisions and your rights. Your attorney will also ensure that the restrained person is properly served for the order to take effect. Here are critical steps in the application process:
Identifying The Required TRO
Remember that California courts issue different restraining orders for different situations. You must identify the type of TRO you need to start the application process. It can be domestic violence or a civil restraining order, depending on who your abuser is.
Completing the Required Paperwork
There are specific forms to fill out when applying for a court’s protection against abuse, stalking, or harassment. For example, you must fill out DV-100 when applying for a domestic violence restraining order or CH-100 for a civil harassment restraining order. Your attorney will ensure you provide all necessary information and supporting documents to strengthen our application. Examples of information needed include details of the case, incidents of abuse or harassment, and photos or text evidence to support the case.
File the Application With the Court
Once the paperwork is ready, your attorney will help you file with the superior court in your county. The filing process can be done physically or online. Additionally, you must pay the required filing fee.
The judge will review the application to decide whether to grant or deny it.
You can file for a TRO after filing a criminal case against your abuser or harasser. In this case, the judge can decide to issue or deny the TRO before the underlying case is determined.
Serving the Restrained Party
If the court grants your application, it will issue an order for you to keep and another to serve on the restrained person. Remember that a restraining order does not go into effect until the restrained person is properly served. This is usually done by an adult who is not involved in the case. It can be a marshal or sheriff, a process server, an adult friend or relative, or yourself. Do not send the papers by mail, as the restrained person can deny receiving them.
Once the restrained person receives the paperwork, the order goes into effect. This means that they can face prosecution if they violate any order provided in the TRO.
Attend the Hearing
After a TRO is issued, the judge will hold a hearing to determine the matter. You (the protected person) and the restrained person must attend the hearing. In the hearing, the judge will decide whether to dismiss the TRO or issue a permanent protective order, depending on the underlying matter. In addition to the evidence you present in court, the judge will consider the defense of the restrained person to make the final decision. If they grant a permanent restraining order, it can remain in effect for up to 5 years.
Requirements to Qualify for a Temporary Restraining Order
Remember that the judge can grant or deny your application for a temporary restraining order. To improve your chances of approval, you must meet the specific requirements set out in the law. These are:
Proving Imminent Danger
Remember that restraining and protective orders offer protection from abuse, harassment, or stalking. Temporary orders are usually issued when applicants need protection before the determination of an underlying case or before taking further action. In this case, you must prove that you are in imminent danger of abuse, harassment, or stalking. You must prove that the restrained person’s actions are controlling or threatening to a point where they put you in reasonable fear for your safety or the safety of your family.
Proof of Irreparable Harm
If you have already suffered harm because of the respondent’s actions, you must prove that the harm is irreparable. This means that it is significant or immediate, necessitating a court’s protection before a full hearing is held to resolve the matter.
A Sworn Affidavit or Declaration
You need a detailed written statement explaining the kind of harassment, abuse, or stalking you have endured from the respondent. The statement must be written under oath and should provide details of incidents of abuse or harassment, including dates, times, and the exact details of each incident.
Identify the Respondent
In your application, you must provide clear information about the respondent, including their full name, where they live or work, and any other details that could help identify them.
Identify the Need for Protection
In addition to providing all the information regarding the experience you have had with the respondent, you must demonstrate an urgent need for protection. You can explain how the respondent’s actions put you or your family in reasonable fear for your safety. You can also explain what could happen if the court does not protect you.
Remember that TROs are generally issued ex parte, or without the respondent's presence. In this case, you must convince the court of your reason for needing protection.
The Rights of the Respondent
Generally, temporary restraining orders are issued based on the petitioner’s side of the story. Courts issue them even without the respondent's involvement. However, respondents have specific legal rights, which ensure that due process is followed. Here are some of your legal rights if someone obtains a TRO against you:
The Right to Service and Notice
You have the right to be formally served with the restraining order and other court papers involved before the order goes into effect. The petitioner must use the proper service process to ensure the order is served formally and legally. The paperwork you should receive must include the TRO, petition, and a notice of a hearing. The order should take effect once you formally receive it.
The right to a Hearing
Since you are not involved in the issuance of the restraining order, you have the right to appear before the judge to give your side of the story. This should be done before the judge gives the final verdict in the matter. Based on the hearing's findings, the judge can dismiss the order or issue a permanent one.
The Right to Respond to the Notice
You are legally allowed to respond to the allegations filed against you in writing. You can do so with the help of an attorney by filling out the required paperwork and filing it with the court that issued the restraining order. You also have the right to submit evidence to support your response or dispute the allegations, including emails, text messages, photos or videos, and statements.
The Right to an Attorney
You can retain an attorney right after receiving the notice and TRO. This ensures that you understand the provisions of the restraining order against you and other requirements by the court. You can also have an attorney during the hearing to help you fight the allegations against you for a favorable outcome. Your attorney will help you plan well for the hearing by gathering evidence and filing the necessary paperwork within the required timeline.
If you need more time to prepare than the court has granted, you have the right to ask for a continuance. Your attorney can help you request additional time from the court to prepare for the hearing. However, this could keep the TRO in effect for a much longer time until the hearing is held.
The Right to Present Evidence and Cross-Examine Witnesses
You have the right to present evidence during the hearing to counter the allegations against you. You can also call witnesses to the stand and cross-examine them. You can do this with the help of a skilled attorney to improve your chances of a more favorable outcome.
Violation of a TRO
Violating a TRO means willfully disobeying the provisions of a court-issued order. This can take different forms, including the following:
Establishing Contact
You can violate a restraining order by contacting the protected person directly or indirectly. Establishing direct contact means calling, emailing, messaging, or speaking to them face-to-face. Indirect contact means communicating with them through a third party. If the court order prohibits you from contacting the protected person, doing so will land you in legal trouble.
Remember that if the protection extends to the protected person’s loved ones, you are in violation if you contact anyone related to them.
Approaching Protected Persons
If the protective order prohibits you from coming within a particular distance of the protected person or their family, you will be in violation if you approach them in any way. You must not come within 100 feet of their workplace, school, home, or any place they frequently visit.
Further Threats or Abuse
You can violate a TRO by engaging in further threats, abuse, or violence towards the protected person or their family. Any form of harassment, stalking, threats, or harmful acts towards them can result in an arrest.
Trespassing or Property Damage
If the order against you prohibits you from touching anything belonging to the protected person, you are in serious violation if you trespass on their property or damage anything belonging to them. A stay-away order prohibits restrained persons from engaging with anyone or anything associated with the protected person.
The Consequences of violating a TRO could include the following:
- Immediate arrest
- Criminal charges for a misdemeanor (punishable by jail time) or felony (punishable by prison time), depending on the nature and severity of the violation
- Criminal charges for being in contempt of court, punishable by time in jail or a court fine
- The judge can change the TRO into a permanent restraining order, which could remain in effect for up to five years.
Find a Skilled Restraining Order Lawyer Near Me
Do you need a temporary restraining order, or has anyone obtained a temporary restraining order against you in Los Angeles?
Temporary restraining orders offer immediate protection from harassment, abuse, violence, or stalking for about 21 days or before a court resolves an underlying matter. It can lead to a permanent restraining order if there is a need to offer longer protection to the petitioner. Understanding how TROs work is beneficial to petitioners and respondents.
At Goldman Flores Restraining Order Law Firm, we help both the restrained and protected persons. We ensure that you understand your rights and how you can obtain a favorable outcome based on your situation. Call us at 213-341-4087 to discuss your case and needs in detail.
