What Is a Restraining Order and How Does It Work?

A restraining order is a legal order issued by a court to protect someone from threats, harassment, abuse, or violence. These orders are designed to prevent contact between the person seeking protection (the protected party) and the person accused of harmful behavior (the restrained party). Restraining orders can apply to domestic situations, workplace disputes, or even cases involving stalking and harassment by strangers.
Understanding how restraining orders work is crucial for those seeking protection and individuals subject to one. Below, we’ll break down the basics of restraining orders, including their purpose, types, and what happens after one is issued.
Types of Restraining Orders
Restraining orders vary depending on the situation and level of urgency. In California, the main types include:
- Emergency Protective Orders (EPOs): Law enforcement officers can request these if they believe immediate protection is needed. EPOs typically last up to seven days, giving the protected party time to seek a longer-term order.
- Temporary Restraining Orders (TROs): A court can issue a TRO before a formal hearing, offering short-term protection (usually around 20-25 days).
- Permanent Restraining Orders: After a court hearing, a judge may grant a long-term order that lasts up to five years and can be renewed if necessary.
- Criminal Protective Orders: These are issued in criminal cases, typically involving domestic violence or serious threats. They can be enforced even if the victim does not request one.
How Do You Get a Restraining Order?
Filing for a restraining order involves several steps:
- Filing the Paperwork – The person seeking protection must submit the necessary forms at their local courthouse, outlining why they need a restraining order.
- Judge’s Review – A judge reviews the request and may issue a Temporary Restraining Order (TRO) if immediate protection is needed.
- Serving the Restrained Party – The restrained individual must be formally notified of the order, usually by a law enforcement officer or process server.
- Court Hearing – A hearing is scheduled where both parties can present evidence. The judge will then decide whether to grant a permanent restraining order.
What Does a Restraining Order Do?
A restraining order typically includes restrictions such as:
- No Contact: The restrained person cannot call, text, email, or communicate with the protected party in any way.
- Stay-Away Order: They must stay a certain distance away from the protected person’s home, workplace, or school.
- Firearm Prohibition: In most cases, the restrained individual must surrender any firearms they own.
- Child Custody & Support Orders: If applicable, the court may include provisions regarding child custody, visitation, and financial support.
Violating a restraining order is a serious offense and can lead to arrest, fines, or jail time.
What Happens After a Restraining Order Is Issued?
Once granted, a restraining order is legally enforceable by law enforcement. The protected party should keep a copy of the order with them at all times and report any violations immediately. If circumstances change, either party can request modifications through the court.
The Law Offices of Kevin Heaney regularly assists clients with restraining order cases, whether they need protection or are defending against an unjust order. Understanding your rights and the legal process can help you confidently navigate this challenging situation.
Conclusion
Restraining orders are an essential legal tool for protecting individuals from harm. Knowing your rights and responsibilities is crucial if you need a restraining order for safety reasons or are facing one unexpectedly. If you have questions about the process or need legal assistance, consulting with an experienced attorney can make all the difference.