While many people know protective orders exist in California, few realize there are different types of protective orders in the state. Protective orders in California may be requested by different parties for various lengths of time and contain case-specific provisions. They are not one-size-fits-all.
The following provides general information about protective orders and how they apply to family courts in California. For further details, contact an experienced family law attorney in your area.
Emergency Protective Orders and Criminal Protective Orders
A California order of protection, also called a restraining order or a protective order is a temporary or permanent court order meant to safeguard a person or business from possible harm. In domestic violence cases, victims may be granted an emergency protective order or a criminal protective order.
An emergency protective order is requested by a police officer on behalf of the victim. Emergency protective orders are effective immediately and last up to seven days.
Criminal protective orders are filed by the district attorney after receiving reports of domestic violence against an abuser. A criminal protective order remains place throughout the criminal case, and in the event of a guilty charge, for the following three years.
Permanent Protective Orders
A permanent restraining order, or a permanent protective order, is a court order permanently prohibiting the potential aggressor from harming the victim. A permanent restraining order can mandate the likely aggressor refrain from threatening the victim in any way, stay away from the victim, or both.
Temporary Restraining Orders
A temporary restraining order is an emergency protective order readily available to victims who feel their life or the life of their child is in danger. Emergency protective orders are granted in the alleged aggressor’s absence and for a short period of time.
These orders are only in effect until a full hearing in the presence of the alleged aggressor. A full hearing is set within twenty days of the emergency ex parte hearing.
Permanent Protective Orders and Family Court
In California, there is a “rebuttable presumption” that a perpetrator of domestic violence and related abuse cannot be granted child custody. Courts can require past abusers to attend parenting classes, counseling, anger management, or other behavior-modifying programs.
A permanent protective order refrains an offender from physical contact with the victim, any children, grandchildren, blood relatives, or people married into the family. It also covers people residing in the household or anyone considered part of the family. There are stipulations stating a predetermined physical distance that must be maintained between the aggressor, the victim, and any family members.
A permanent protective order also requires the aggressor do the following:
- Vacate the family home;
- Pay any legal expenses and restitution;
- Attend counseling;
- Have modified custody arrangements;
- Enter the CLETS computer network;
- Any other measures the court deems fit.
Limitations of Permanent Protective Orders
Permanent protective orders are legally limited. While they can lawfully separate a victim and their family from harm and threats of harm by an abuser, permanent protective orders cannot legally dissolve a marriage or establish parentage of minors where no paternity orders are in place.
Contact an Experienced California Protective Order Attorney
If you need help with a California protective order, call the experienced Newport Beach family law attorneys at Moradi Saslaw. We understand the impact a protective order can make in your life, whether you are a victim of domestic violence or stand falsely accused.
Do not risk potential harm to yourself or restrictions on your child custody and visitation. Speak with a protective order professional today by contacting us by using our online form. Moradi Saslaw’s Irvine family law attorneys will listen to your story and provide you with the sound, practical legal advice you need to move forward with your life.
