Legal Issue Of The Week: Types of Restraining Orders

Each state establishes their own types of restraining orders.  For this article, I will only reference the most common ones for California.  Each one varies in length of protection, purpose it serves, burden of proof and who can apply for them.  

Emergency Protective Order:  Most commonly known as the EPO.  As its name says, it is a protective order given in emergency situations, where the need to protect is urgent and there is no time to go to court.  These are issued by law enforcement, typically in domestic violence situations, when law enforcement perceives destruction of property, bodily injury, or threats.  These last for about 5 to 7 days.  Before law enforcement can issue these, they have to get court approval by the judge or commission assigned to a 24 hour call shift.  Because an EPO provides very limited protection, the victim is then encourage to apply for a civil restraining order.

Domestic Violence Protection Act Restraining Order: This civil restraining order is specifically for those in a “domestic relationship”, meaning family, child in common, a married relationship, more than just living together such as in a roommate situation.  Unlike other restraining orders, the victim has control as to what type of protection they want.  The victim (also known as the protected party) can elect to include their children and family members as other persons to be protected. The first step is to apply for a temporary restraining order, typically issued within three to five days after the petition is filed and then a hearing date is set within 20 to 25 days for the consideration of a long term protective order.  In addition to granting a restraining order, the court can issue orders for custody and support of the children and spouse and can order restitution for property damage or medical expenses.  This type of order can be issued for a maximum of five years, with the option to renew for a permanent order.  Because it is the goal of the state to prevent domestic violence, there is no costs in filing these types of orders.

Civil Harassment Restraining Order: This order applies to anyone who is not in a domestic relationship.  Unless there is physical abuse or threats of physical abuse, expect to pay a court filing fee.  The burden of proof here is higher than the domestic violence protective order.  These orders can be asked for upto five years and they are used to prevent credible threats of violence or conduct that is annoying, scary or harassing someone without any valid reason for it.  

Criminal Protective Order:  Unless otherwise stated in the order, the CPO generally lasts for three years.  These are issued at the request of the District Attorney or by the discretion of the Criminal court judge.  This means, the victim has no say about wanting a restraining order.  Likewise, if the charges against the defendant are dropped or he is found innocent, the CPO goes away automatically and typically without notice to the alleged victim.  CPOs only protect the victim of the crime and may include the children of the victim.

Restraining orders can affect your rights to carry a weapon, finding certain work and can result in your arrest for violating its terms.  They are very serious and it would be best if you can be assisted by an attorney to represent your interests.