Strategic Defense
From A Former Prosecutor

Understanding the 3 types of restraining orders in California

On Behalf of | Jun 1, 2022 | Criminal Defense

When a love story turns into a bitter disagreement with incidents of abuse, you need to secure your safety as well as those you care about. If you are a victim of domestic violence, it helps to know that you are not alone. The law allows you to obtain an order of protection, also known as a restraining order, in order to protect yourself from potential harm.

However, before taking this route, it is important to understand the types of protection orders available for your situation. Here are three types of protection orders you can seek in California.

Emergency protective order

This type of protective order is usually issued by the court upon request by the police. The purpose of an Emergency Protective Order is to prevent an individual who is under investigation from contacting the protected person. An Emergency Protective Order is commonly issued if an individual has been arrested for offenses like domestic violence, stalking or issuing criminal threats to the protected individual.

A Stay Away Order

This restraining order is issued following the first court appearance by the abusing party during a domestic violence case. A Stay Away Order remains active for as long as the domestic violence allegation is unresolved. This can include the entire duration of the probation period, which is typically 36 months in California.

Temporary Restraining Order

This type of protective order is commonly issued during a divorce proceeding to restrict the behaviors of the divorcing parties in terms of access to the other party or the marital property while the divorce is underway.

No one should be subjected to any form of abuse or harassment. If the person you once loved becomes abusive, it is important that you take steps to protect your safety. Find out how you can obtain a restraining order if you are a victim of domestic violence.