How Long Do Restraining Orders Last?
Generally, the duration of a restraining order is dependent on the severity of circumstances and perceived threat to the protected party’s safety. There are 3 types of restraining orders in California:
- Emergency Protective Order (EPO). These orders are typically enforced immediately following an instance of abuse or domestic violence. For example, if police are called to the scene after a neighbor reports a domestic disturbance, they may inform the abuser that an EPO is in effect and will remain in effect for up to 7 days or 5 court (business) days.
- Temporary Restraining Order (TRO). As noted above, a temporary restraining order is part of the process of requesting a restraining order A TPO remains in effect and will likely be renewed each time until the final hearing takes place. The earliest time for the final hearing after the filing of a Request for Restraining Order is 21-25 days.
- Permanent Restraining Order (PRO). This order may be obtained after an evidentiary hearing (a trial) of the claims and defenses or if the “Restrained Party” fails to appear and the “Protected Party” requests the Order and can indicate, under oath, facts entitling him or her to a PRO. If the “Protected Party” fails to appear at a hearing, the case may be dismissed. PROs can remain in effect for a maximum of 5 years, but can be extended after expiration if necessary to include the possibility of a permanent restraining order at that time.
It's important to keep in mind that restraining orders can fluctuate, as many court orders are eventually extended into subsequent classifications. For example, an emergency protective order can be extended to a temporary order and a temporary order can be extended to a permanent order.
Having a general knowledge of restraining order types and corresponding expiration times can help you avoid serious legal penalties or accidental violations, but only hiring a skilled and experienced lawyer can maximize the likelihood that you will succeed.
Domestic Violence Restraining Order (DVRO)
A domestic violence restraining order—the most common type—is designed to protect an individual from abuse at the hands of an intimate partner. Eligible relations include:
- Domestic partners
- Individuals in a dating or intimate relationship
- Household members
- Individuals who share a child together
It’s worth noting that domestic violence restraining orders often impact other legal disputes, such as child custody rights, spousal support, child support, gun rights, and other related matters.
Civil Harassment Restraining Order (CHO)
A civil harassment restraining orderis intended to protect a party from harm against an individual that the victim 1) has not dated; 2) has not had an intimate relationship with; 3) does not live with; and 3) is not closely related to.
Civil harassment generally involves stalking, sexual assault, and/or threats of violence. For example, a CHO may be pursued after an altercation with a neighbor, roommate, friend, or even a person in the grocery store.
Generally, civil harassment orders cannot protect against:
- A spouse, romantic partner, or former partner
- A person that the victim has dated
- A close relative
- The other parent
Elder Abuse Restraining Orders
An elder abuse restraining order is designed to protect victims who:
- Are 65 years or older; or
- Are between 18-64 years old and suffer from certain mental or physical impairments.
Under California Penal Code §368, elder abuse is a criminal offense committed against an individual aged 65 or older. This offense is committed when a person willfully causes or allows an elderly person or dependent person to suffer unjustifiable pain. Such harm can take the form of:
- Physical abuse
- Mental abuse
- Emotional or psychological abuse
- Financial or economic abuse
- Isolation
- Abandonment
- Neglect
- Abduction
Workplace Restraining Orders
Under California law, a workplace restraining order can help protect California employees against unlawful violence and credible threats in the workplace.
Orders must be requested by the employer on the employee’s behalf, as workers aren’t permitted to request an order from the court on their own. However, employees are legally entitled to request another type of order, such as a domestic violence restraining order (DVRO) or civil harassment restraining order (CHO).
To qualify, employers must provide evidence that:
- The employee suffered unlawful violence or credible threats of violence;
- The violence or threat of violence can reasonably be construed to occur in the workplace;
- The criminal conduct isn’t permitted to be part of a legitimate labor dispute; and
- The person accused was not engaged in a constitutionally protected activity.
Essentially, a workplace restraining order is effective in its ability to restrict the defendant from 1) contacting the employee or the employee's household members; 2) maintaining a certain physical distance from the employee and locations they frequent; and 3) not owing a gun.
Penalties of Restraining Order Violations in CA
Violating a restraining order is a serious crime in California. While some restraining order violations are considered misdemeanors, this offense is known as a “wobbler” crime, meaning that it can result in a felony conviction if warranted under the circumstances.
If convicted of a restraining order violation, the following penalties apply:
- Misdemeanor violations are punishable by up to 1 year in jail and/or a maximum fine of $1,000.
- Felony violations are punishable by up to 3 years in prison and/or a maximum fine of $10,000.
In some cases, certain factors may enhance the penalties of a restraining order violation. For example, a violation can be enhanced to a felony charge if 1) the defendant has committed prior violations; or 2) the offense involved an act of violence.
Defending Against Restraining Order Violation Charges
Fortunately, there are various legal strategies that defendants can employ in their defense if charged with a restraining order violation. It’s imperative to consult with an experienced restraining order defense lawyer who can guide your steps accordingly and establish the best legal route to take.
Consider these common legal defenses against restraining order violation charges:
- Lack of intent. This can be an effective defense if the violation in question was committed accidentally. For example, if the defendant is grocery shopping and the protected party also happens to be at the store, they may be arrested although they had no intention of violating the restraining order.
- Lack of knowledge. If the defendant was unaware of the restraining order in the first place, this may be a sufficient defense to reduce or dismiss the charges against them. While our legal system is designed to facilitate prompt and officialized communication between involved parties in a legal dispute, no process is immune to human error. If the defendant never received notice of the order due to office personnel changes in the local court office, this can be an adequate explanation to dismiss or reduce the charges against them.
- False allegations. In some cases, the protected party may falsely accuse the defendant of a violation to fulfill an ulterior motive, such as retaining child custody, covering up personal issues (such as substance abuse), or seeking vengeance. Assuming the defendant retains legal representation from a skilled attorney, disproving false allegations can be relatively straightforward, making this a common and effective strategy to employ in court.
Taub & Taub, P.C. Is Available 24/7 for Your Needs
If you’ve been charged with a restraining order violation, it can be all too easy to feel like the odds are against you. Sadly, defendants in criminal cases are rarely given the benefit of the doubt, even if the alleged offense was well-intentioned.
That’s why our passionate team at Taub & Taub, P.C. is committed to defending the rights of the accused in Century City, Woodland Hills, and the surrounding areas. Our firm understands how frightening it can be to prepare for criminal proceedings.
Whether you were accused of a minor violation or a major offense entailing lifelong consequences, our criminal defense attorneys can provide the aggressive representation and customized legal strategy you need to obtain a favorable result in court.
If you’ve been charged with a crime, it’s vital to turn to a criminal defense attorney who can defend your rights. Taub & Taub, P.C. is available 24/7 to serve you. Call (818) 938-2007 to request a consultation.
