Understanding Types of Restraining Orders & Protective Orders in California

Woman on Ocean Beach in San Diego

You’re at the point now where you’re feeling fearful about someone in your life coming near you. You started to notice some red flags in their behavior develop a few months ago, and you likely requested this individual stay away for the foreseeable future. Unfortunately, they didn’t listen and they’re still not listening now.

Now what?

Fortunately, if you need a court in California to order somebody to steer clear of you, you can apply for a protective order, or restraining order, with the help of an attorney to make this happen. However, you need to know what type of order is most appropriate for your situation, as there are several types of restraining orders.

Here is a look at the different types of protection orders available in California.

Emergency Order

One of the main types of restraining orders in California is the emergency protection order, or EPO. According to California restraining order laws, this order is specifically designed for law officers seeking restraining orders against individuals who they believe are endangering other parties.

Emergency Order Restrictions

Note that only police officers can request these types of restraining orders for individuals under immediate threat. In addition, in California, judges must be available around the clock to issue these protective orders when police officers request them.

However, these types of protection orders can be issued only if there is enough of a reason for the court to believe that the individual for whom protection is being sought is facing danger. This individual may be a child, an elderly individual, or anyone in between. Likewise, these types of restraining orders are appropriate if they will keep domestic violence, child abductions, child abuse, or elder abuse from taking place.

Additional Emergency Order Considerations

Note that emergency orders will take effect immediately after they have been issued. In addition, this type of order can be enforced for one week. If the threatening individual resides with the victim, the court can require this individual to vacate the property during this week-long period.

Also, these types of restraining orders may be issued in civil harassment cases as well. However, they can be issued only if the individual in danger is being stalked by another party.

The aim of an emergency restraining order is to offer a person protection while he or she is seeking the next type of order we will discuss: a temporary order.

Temporary Order

A temporary restraining order, or a TRO, is another type of protection order that lasts for 20-25 days. A court may issue this order against another person for you if it believes that you are facing real danger and thus require protection as you pursue a permanent order (which we will discuss below).

Following your temporary protection period, you must take part in a hearing at a California court, according to California restraining order laws. During this hearing, the court will determine if issuing a permanent order is appropriate in your case.

Permanent Order

Permanent restraining orders are issued after temporary orders have expired. These types of restraining orders can last for varying amounts of time depending on people’s individual situations.

As an example, domestic violence orders can last for five years. Meanwhile, these types of protection orders can last for three years in civil harassment situations.

Get Peace of Mind with a Protective Order Today

Father and child walking on a beach in San Diego

If you’re concerned about your and your family’s safety due to a threatening individual in your life, you don’t have to face this issue alone. I, attorney Michael C. MacNeil, can help you file the proper type of restraining order against this individual according to today’s California restraining order laws.

When it comes to restraining orders, I will approach your case in a personalized and customized way. No two restraining order situations are alike. In addition, I will be the only one handling the details of your case. You will never have to go through a paralegal or secretary if you want to talk to me, as I value working one-on-one with my clients.

Schedule a free consultation so that we can discuss the different types of restraining orders and pursue the right one for your needs.

About Michael MacNeil

Michael C. MacNeil is a San Diego Family Law and Criminal Defense attorney. With a Juris Doctor degree from the University of San Diego School of Law, MacNeil has a solid understanding of our justice system. As a member of the State Bar of California, MacNeal can practice before all courts in the state. MacNeil believes that the law should be accessible to everyone, regardless of their financial status. With over 20 years of experience, Michael C. MacNeil is passionate about the law and will work tirelessly to get the best possible outcome for you. Call Mr. MacNeil at 858-922-7098.