FAQ: Comprehensive Guide to Restraining Orders in Orange County

Dealing with harassment, abuse, or threats can be incredibly distressing. A restraining order offers a legal means to protect yourself and your family, but the process of obtaining one in Orange County can be daunting. This detailed FAQ is designed to answer your most pressing questions about restraining orders, guiding you through the legal intricacies and helping you understand your rights under California law. By the end of this guide, you’ll have a clearer picture of how restraining orders work, what they entail, and how to navigate the process effectively.

1. What is a Restraining Order?

A restraining order is a legal order issued by a court that requires one person to stop harming or contacting another person. In California, restraining orders can be used to prevent physical violence, harassment, stalking, or threats. Depending on the situation, the court can issue different types of restraining orders, each tailored to the nature of the relationship and the threat posed.

California’s restraining order statutes are primarily found in the California Family Code (§6200-§6389) for Domestic Violence Restraining Orders (DVROs) and California Code of Civil Procedure (§527.6) for Civil Harassment Restraining Orders (CHROs).

2. What Are the Different Types of Restraining Orders Available in Orange County?

There are several types of restraining orders you can obtain in Orange County, depending on your relationship with the person you seek protection from and the nature of the harm:

• Domestic Violence Restraining Order (DVRO): For individuals who have a close personal relationship with the abuser, such as a spouse, former spouse, cohabitant, or someone you are dating. It applies to cases involving physical abuse, threats, stalking, or harassment. Family Code §6211.
• Civil Harassment Restraining Order (CHRO): For those who do not have a close personal relationship with the abuser, such as neighbors, roommates, or acquaintances. It’s often used in cases of stalking, harassment, or credible threats of violence. Code of Civil Procedure §527.6.
• Workplace Violence Restraining Order: Filed by an employer to protect an employee from violence or credible threats of violence in the workplace. Code of Civil Procedure §527.8.
• Elder or Dependent Adult Abuse Restraining Order: Designed to protect individuals 65 years or older, or those between 18-64 years with physical or mental limitations, from abuse, neglect, or exploitation by caregivers or others. Welfare and Institutions Code §15657.03.

3. What Does a Restraining Order Do?

A restraining order can impose several legal restrictions on the person against whom it is issued (referred to as the “restrained person”):

• No Contact Orders: The restrained person is prohibited from contacting the protected person, whether in person, by phone, by email, or through third parties.
• Stay-Away Orders: The restrained person must stay a certain distance away from the protected person, their home, workplace, or children’s school.
• Move-Out Orders: In domestic violence cases, the court may order the restrained person to move out of a shared residence.
• Firearm Restrictions: The restrained person may be required to surrender any firearms they own and be prohibited from purchasing new firearms.
• Additional Protections: The court can also grant other orders specific to the case, such as custody and visitation arrangements if children are involved.

Family Code §6320, Code of Civil Procedure §527.6.

4. How Do I Obtain a Restraining Order in Orange County?

Obtaining a restraining order involves several steps:

1. Filing the Petition: You must file a request for a restraining order at the Superior Court of California in Orange County. Depending on the type of restraining order, you will need to complete different forms:
   •  DVRO: Form DV-100.
   • CHRO: Form CH-100.
   • Workplace Violence: FormWV-100.
   • Elder Abuse: FormEA-100.
2. Temporary Restraining Order (TRO): If you need immediate protection, you can request a Temporary Restraining Order, which the court may issue without the presence of the restrained person. This order provides immediate protection until the full court hearing. Family Code §6320, Code of Civil Procedure §527.6(d).
3. Service of Process: After the TRO is issued, the restrained person must be formally notified, which is known as “service.” This must be done by someone other than you, often a sheriff or a process server.
   Code of Civil Procedure §527.6(m).
4. The Court Hearing: Both parties will present evidence and testimony at the hearing. The judge will decide whether to issue a long-term restraining order, which can last up to five years.  Code of Civil Procedure §527.6(i).

5. What Happens If the Restrained Person Violates the Order?

Violating a restraining order is a serious offense. If the restrained person disobeys the order by contacting you, coming too close to you, or violating any other terms, you should call the police immediately. Violations can result in criminal charges, which may include fines, jail time, or both. Penal Code §273.6, which makes it a misdemeanor to violate a restraining order.

6. How Long Does a Restraining Order Last?

• Temporary Restraining Orders (TRO) typically last until the date of the court hearing, which is usually within 21 days of filing.
• Long-Term Restraining Orders issued after a court hearing can last up to five years. In cases of ongoing risk, these orders can be renewed before they expire.
  • Code of Civil Procedure §527.6(j).

7. Can a Restraining Order Affect Child Custody?

Yes, a restraining order can significantly impact child custody and visitation rights. In cases where domestic violence is a factor, the court may impose restrictions on visitation or award custody to the non-abusive parent. The court’s primary concern is the safety and well-being of the children involved. Family Code §6323.

8. What Should I Do to Prepare for My Court Hearing?

Preparation is key to successfully obtaining a restraining order. Here are some steps to follow:

• Gather Evidence: Collect any documentation that supports your claims, such as police reports, medical records, photographs of injuries, threatening messages, or witness statements.
• Prepare Your Testimony: Be ready to clearly explain the incidents of abuse or harassment, how they have affected you, and why you need protection.
• Witnesses: If possible, bring witnesses who can corroborate your claims. Their testimony can be crucial in persuading the judge.
• Legal Representation: Consider hiring an attorney who specializes in restraining orders to represent you in court. They can help you present your case effectively and navigate any legal complexities.

Legal Reference: Code of Civil Procedure §527.6(i).

9. What Are the Costs Associated with Filing a Restraining Order?

The filing fee for a restraining order depends on the type of order and the specific circumstances of your case. In cases involving threats of violence, stalking, or physical harm, you may be eligible for a fee waiver. Additionally, if you cannot afford the fees, you can apply for a waiver using Form FW-001. Code of Civil Procedure §527.6(p).

10. How Can I Modify or Terminate a Restraining Order?

If circumstances change, either party can request a modification or termination of the restraining order. You will need to file a request with the court, and a hearing will be scheduled where both parties can present their reasons for or against the modification. Family Code §6345.

Why You Should Consult an Experienced Orange County Restraining Order Lawyer

The legal process for obtaining and enforcing a restraining order is complex and filled with potential pitfalls. An experienced Orange County restraining order lawyer can guide you through every step, from filing the initial petition to representing you in court. They can ensure that your rights are protected, your case is presented effectively, and that you achieve the best possible outcome.

If you are facing harassment, abuse, or threats, don’t navigate this process alone. Contact our office today for a confidential consultation. Our team of skilled attorneys is dedicated to helping you secure the protection you need to feel safe and secure. Let us be your advocate in this challenging time.