In California, the court system recognizes the significance of personal safety and the prevention of harassment, violence and abuse. Hence, California provides several types of protective orders to safeguard you if you feel you may be at risk.
These different protective orders exist as legal options to help ensure the safety of individuals who feel threatened.
Emergency protective order
If a law enforcement officer responds to a distress call and determines an immediate threat, they can call a judge, who should beavailable 24/7, and request an EPO. These orders can mandate the accused person to move out of a shared residence and stay away from the person seeking protection.
An EPO lasts only a few days, giving the endangered person time to request a more long-term protective order.
Temporary restraining order
If someone feels threatened or at risk, they can go to court and request a temporary restraining order, which can last up to 25 days. The court then sets a date within these 25 days to decide whether a permanent restraining order is appropriate.
Permanent restraining order
After a hearing, where both parties can speak, a judge may issue a permanent restraining order. This type of order can last up to five years, and a judge can renew it if the threat persists.
Domestic violence restraining order
A domestic violence restraining order applies when the persons involved share a close relationship (married, divorced, separated, dating or have dated, live together or have lived together as more than roommates, have a child together or are closely related). The person at risk can request a DVRO, which can last for a long time, depending on the situation.
Civil harassment restraining order
A civil harassment restraining order is for situations where the people involved do not share a close relationship. It can apply to neighbors, roommates, friends and more distant family members. If someone is stalking, threatening or harassing you, you can ask the court for a CHRO.
These protective orders serve as valuable tools to ensure personal safety in California. The type of order appropriate for your situation depends on your relationship with the other person and the level of risk or harm involved.
