Four Restraining Orders Pertaining to Domestic Violence or Child Abuse in California
If you are going through a divorce, you may be a victim of domestic violence and be in need of some protection from your abuser. Please do not be afraid of taking action and make sure that your safety and the safety of your family are a top priority. If you feel like you are in danger, you should call law enforcement immediately. If you have a problem but aren’t in immediate danger, California offers four restraining orders to protect victims and their families from domestic violence or child abuse.
Types of Restraining Orders
1. Emergency Protective Order (EPO)- An Emergency Protective Order is issued by law enforcement, is valid for no more than (5) court days, and protects victims of:
- Domestic Violence
- Child Abuse
- Child Abduction
2. Domestic Violence Temporary Restraining Order (TRO or DVRO)- A Domestic Violence Temporary Restraining Order is put into place for victims of domestic violence by a judge for an initial 15-21 days. Upon the next court date, the judge could cancel it or rule that the restraining order be put into place for up to three years.
3. Criminal Protective Order (“No Contract” Order) – A Criminal Protective Order can be obtained through the District Attorney’s office and is issued to protect victims or witnesses of a crime. This order will last as long as the court proceedings and could be lengthened to 10 years. In order to obtain this type of order you must prove that the defendant:
- Harmed you
- Threatened you or your family
- Tried to coerce you not to testify
4. Civil Harassment Restraining Order (CHO)- A Civil Harassment Restraining Order does not need to only qualify for victims of domestic violence or child abuse. An initial order will be in place for 15-21 days and upon a hearing, and could be lengthened to 3 years. Civil Harassment Restraining Orders are used to halt: