What types of restraining orders are there? How long do they last?

•Emergency Protective Order - If a police officer responds to a domestic violence call, the police officer can call a judge (anytime, day or night) and ask for an emergency protective order, which goes into effect immediately. Can last only five business days or seven calendar days (whichever is shorter). The emergency protective order can make the other person leave the home, stay away from you, and not see your children, at least on a temporary basis.

•Temporary (ex parte) Restraining Order - If you are in immediate danger and need protection right away, you can ask for a Temporary (ex parte) Restraining Order, which will last for up to 15 days, or until you have your full-court hearing, which is usually three weeks. You can get this temporary order "ex parte", which means you can get it without your abuser being there.

•Restraining Order After Hearing - After having a court hearing, a judge can grant you a Restraining Order after Hearing that can last up to five years. This order is designed to keep your abuser from threatening, harassing, or abusing you. You can ask the court later to have the order extended for another five years, or permanently. The court can make this extension if it believes you have a "reasonable" fear that your abuser will threaten, harass, or abuse you again once the first restraining order expires.

What are the consequences of a Domestic Violence restraining order?

•A Domestic Violence Restraining Order may:

•Order the abuser not to assault, threaten, abuse, follow, harass, or interfere with you, your children, or people you live with in person, at work, on the telephone, or by other means;

•Order the abuser to stay away from any place you request including your school, your children's school, your work place, your friends' homes, or any place where you are seeking shelter;

•Prohibit the abuser from possessing or purchasing a firearm;

•Tell the police to remove the abuser from the home and help you to return to the home;

•Grant you temporary full control over things that you own together such as a car, a truck, a boat, a computer, tolls, electronic equipment, bank accounts, or household appliances;

•Order the abuser to continue to make the loan payments (be sure to specifically ask for this if you need it);
•Order the abuser to return your personal belongings;

•Order the abuser to pay certain bills, pay back money you lost for missing work or other expenses (such as ambulance, medical, dental, shelter, counseling and/or legal fees);

•Order the abuser to pay your attorney fees;

•Order the abuser to attend a batterer's treatment program or other counseling service;

•Anything else you ask for any the judge agrees to.

•Child custody and visitation - If you and your abuser have children together, the judge can decide where the children will live, which parent will make decisions affecting the children, and how the children will spend time with each parent (where, when, and whether supervised).

•Removal of child - You may ask the judge to keep either or both parents from traveling or moving outside the city, county, area, or state with the children.

Applicible California Law Sections

•Code of Civil Procedure:

•Sec. 372 (Disability of Party)

•Sec. 527 (injunctions - not issued under Family Code)

•Sec. 527.6. Harassment; temporary restraining order and injunction; procedure; domestic violence; support person; costs and attorney fees; punishment

•Sec. 527.8. (Workplace violence; temporary restraining order; possession of firearm by person subject to order)

•Penal Code, Part 1, Title 9, Section 2:

•Sec. 273.6. Willful and knowing violation of court order to prevent domestic violence or disturbance of peace; penalty.

•FAMILY CODE - Division 10 Prevention of Domestic Violence

•PART 1. Short Title and Definitions, Secs. 6200-6219

•PART 2. General Provisions, Secs. 6220-6228

•PART 3. Emergency Protective Orders

•CHAPTER 1. General Provisions, Secs. 6240-6241

•CHAPTER 2. Issuance and Effect of Emergency Protective Order, Secs. 6250-6257

•CHAPTER 3. Duties of Law Enforcement Officer, Secs. 6270-6274

•PART 4. Protective Orders and Other Domestic Violence Prevention Orders

•CHAPTER 1. General Provisions, Secs. 6300-6306

•CHAPTER 2. Issuance of Orders

•Article 1. Ex Parte Orders, Secs. 6320-6327
•Article 2. Orders Issuable After Notice and Hearing, Secs. 6340-6346
•Article 3. Orders Included in Judgment, Secs. 6360-6361

•CHAPTER 3. Registration and Enforcment of Orders, Secs. 6380-6389

•PART 5. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, Secs., 6400-6409P

•PENAL CODE OF CRIMES AGAINST PUBLIC JUSTICE FALSIFYING EVIDENCE, AND BRIBING, INFLUENCING, INTIMIDATING OR THREATENING WITNESSES

•Sec 136.2 (Protective Orders in Criminal Proceedings)

•WELFARE AND INSTITUTIONS CODE

Elder Abuse and Dependent Adult Civil Protection Act
Civil Actions for Abuse of Elderly or Dependent Adults

•Sec. 15657.03 (Elder and Dependent Adult Restraining Orders)