What Are Protection Orders in California?

A protection order, also known as a restraining order, is a legal order issued by a court to prevent an individual from engaging in abusive, threatening, or harassing behavior toward another person. These orders are commonly used in domestic violence cases but may also apply to situations involving stalking, harassment, or workplace violence.

What Does a Restraining Order Do?

A restraining order can:

  • Prohibit the abuser from contacting or coming near the victim.
  • Require the abuser to move out of a shared home.
  • Grant temporary custody of children to the protected party.
  • Restrict firearm possession.

If you are unsure whether you qualify for protection, a Los Angeles protective order lawyer can help assess your case and guide you through the legal process.

Types of Protection Orders in California

California law provides different types of domestic violence protection orders (DVPO) based on the situation and level of urgency.

  1. Emergency Protective Orders (EPOs)

    • Issued by law enforcement when responding to a domestic violence incident.
    • Effective immediately and lasts up to 7 days.
    • Provides temporary custody and no-contact provisions.
  2. Temporary Restraining Orders (TROs)

    • Granted by the court to provide protection before a full court hearing.
    • Typically lasts 20-25 days until the court decides on a long-term order.
  3. Permanent Restraining Orders

    • Long-term protection for victims of domestic violence.
    • Can last up to 5 years, depending on the case.
    • Includes custody and financial support provisions.
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How to Get a Restraining Order in Los Angeles

The process of filing a restraining order in Los Angeles involves several legal steps, such as:

  1. Complete Required Court Forms

    You must fill out official California court forms detailing why you need protection.

  2. File With the Court

    Submit the completed forms to the appropriate courthouse.

  3. Request a Temporary Restraining Order (If Needed)

    If you need immediate protection, the judge may grant a temporary restraining order (TRO) while your case is being processed.

  4. Serve the Order to the Other Party

    The restrained person must be officially notified of the court order, usually through law enforcement or a third party.

  5. Attend the Court Hearing

    In court, the judge will review evidence and determine whether a long-term restraining order should be granted.

    Because the court requires detailed documentation and evidence, working with a Los Angeles restraining order lawyer can improve your chances of obtaining the protection you need.

How Does a Judge Decide to Grant a Protective Order?

A judge will evaluate multiple factors before granting a protection order, including:

  • The history of violence or threats.
  • Police reports and medical records documenting abuse.
  • Witness statements or evidence of harassment.
  • The severity of the risk posed by the alleged abuser

What Happens If Someone Violates a Restraining Order?

Violating a protection order is a serious offense in California. If the restrained person ignores the terms of the restraining order, they may face legal consequences, including:

  • Misdemeanor or felony charges – Depending on the severity of the violation, penalties can range from fines to jail time.
  • Immediate arrest – Law enforcement can arrest the violator without a warrant.
  • Additional legal restrictions – The court may impose stricter conditions, such as longer no-contact periods.

If you are experiencing repeated violations, a protective order lawyer in Los Angeles can help enforce the order and take further legal action against the abuser

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Do You Need a Los Angeles Restraining Order Attorney?

Filing a restraining order can be overwhelming, especially when dealing with the emotional stress of domestic violence. A Los Angeles restraining order lawyer can help by:

  • Preparing legal documents and ensuring accuracy.
  • Representing you in court hearings.
  • Gathering evidence to support your case.
  • Ensuring that your restraining order is properly enforced.

Having legal representation increases the likelihood of obtaining a strong protection order and ensuring your safety. If you need immediate legal assistance, consulting with a protective order lawyer is the best way to navigate the process.

Los Angeles Protective Order FAQs

Who can file for a restraining order?

Anyone who has experienced abuse or threats from a spouse, partner, family member, roommate, or someone else close to them can request a restraining order.

How fast can I get protection?

You can request an Emergency Protective Order (EPO) through law enforcement or a Temporary Restraining Order (TRO) from the court, often on the same day you file.

How long does a restraining order last?

  • Emergency Protective Order (EPO): Up to 7 days
  • Temporary Restraining Order (TRO): About 3 weeks
  • Permanent Restraining Order: Up to 5 years (and renewable)

What does a restraining order prevent someone from doing?

It can stop them from contacting or coming near you, force them to move out, give you temporary custody, and ban them from owning firearms.

Is there a cost to file a restraining order in California?

There is no filing fee for domestic violence restraining orders. Victims can also request a fee waiver for other related court costs.

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