Advocacy

A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.”

In California, we have lots of different types of restraining orders for different situations. Read on to learn about two types; gun violence restraining orders and domestic violence restraining orders. There are four types of protective orders: Emergency Protective Orders, Domestic Violence Restraining Orders, Criminal Protective Orders, and Civil Harassment Restraining Orders.

A Domestic Violence Restraining Order (DVRO) is a civil court order signed by a judge that tells an abuser to stop the abuse or face serious legal consequences. It offers civil legal protection from domestic violence regardless of gender or sexual identity. After applying for an order of protection. A Temporary Restraining Order (TRO) will be granted. The clerk will give you a date for a court hearing. Usually within two to three weeks, when you will have to come back for a full hearing. This will give you a chance to tell your side of the events. After having a court hearing, a judge can grant you a “restraining order after hearing” that can last anywhere from 1 year up to five years. However, if there is no termination date on the order, the order will last 3 years from the date it was issued. If the abuser violates the restraining order while it is in full effect and has evidence proving the violations, the survivor can then file a “request to renew the restraining order.” The judge or commissioner will decide for how long it will be granted. There are instances where the restraining orders will be granted an additional 1 year, 3 years, 5 years, or permanently.

An Emergency Protective Order (EPO): Any court-issued order intended to protect a person from harm or harassment. It is issued by the police, out of court, to immediately prevent intimate partner violence and protect a person from harm or harassment. Emergency protective orders normally last for five days. To ensure the safety of the abused person, they should seek a restraining order from the court before their EPO expires.

A Criminal Protective Order (CPO) is an order issued by a judge in Criminal Court with the purpose of protecting a witness or survivor of a crime. A CPO can be issued in an intimate partner violence case that has been reported to the police and then filed by the District Attorney’s Office. Once the case appears before a judge, a CPO can be issued.

A Civil Harassment Restraining Order is a civil court order that is signed by a judge and is for survivors who are being harassed, stalked, abused, or threatened by someone who does not have a close relationship as is required under domestic violence cases, like a stranger, roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews. This is the type of order utilized by survivors of sexual assault/abuse when the perpetrator was not an intimate partner (spouse, cohabitant, share a child, dating, girlfriend/boyfriend).

In general, restraining orders can include:

Personal conduct orders
These are orders to stop specific acts against everyone named in the restraining order as a “protected person.” Some of the things that the restrained person can be ordered to stop are:

• Contacting, calling, or sending any messages (including e-mail and social media);

• Attacking, striking, or battering;

• Stalking;

• Threatening;

• Sexually assaulting;

• Harassing;

• Destroying personal property; or

• Disturbing the peace of the protected people.

Stay-away orders
These are orders to keep the restrained person a certain distance away (like 50 or 100 yards) from:

• The protected person or persons;

• Where the protected person lives;

• Their place of work;

• Their children’s schools or places of child care;

• Their vehicle;

• Their pets;

• Other important places where they go.

Residence exclusion (“kick-out” or “move-out”) orders
These are orders telling the restrained person to move out from where the protected person lives and to take only clothing and personal belongings until the court hearing. These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases. For the person to be restrained, having a restraining order against them can have very serious consequences:

• They will not be able to go to certain places or do certain things.

• They might have to move out of their home.

• It may affect their ability to see their children.

• They will generally not be able to own a gun. (And they will have to turn in or sell any guns they have now and not be able to buy a gun while the restraining order is in effect.)

• It may affect their immigration status if they are trying to get a green card or a visa.

• If the restrained person violates (breaks) the restraining order, they may go to jail, pay a fine, or both.

To learn more about San Luis Obispo Legal Assistance Foundation (SLOLAF), who provide quality legal services at no charge to survivors of sexual violence, intimate partner violence, and stalking, visit their website at SLOLAF.org.

To request legal assistance, you can contact SLOLAF directly at (805) 781-6418, Monday-Friday 9:00am-5:00pm, or email them at familylawintake@slolaf.org. If you are in crisis and need support, you can also contact the Lumina Alliance 24-hour Crisis & Information line at (805) 545-8888.