Restraining Orders

If you are a victim of domestic violence, harassment, threats, or abuse, a restraining order (also known as a protective order) can provide immediate legal protection.

What Is a Restraining Order?

A restraining order is a court order that prohibits a person from contacting, stalking, threatening, or harming another person. Violating a restraining order can result in criminal charges and jail time.

Types of Restraining Orders

Emergency Protective Order: Issued without the respondent being present. It remains in effect for up to 14 days while a hearing is scheduled.

Temporary Restraining Order: Issued after a hearing where both parties may be heard. It typically lasts up to 21 days.

Permanent Restraining Order: Issued after a full hearing. It can last up to five years and may be renewed.

Who Can Obtain a Restraining Order

• Victims of domestic violence (current or former partner)
• Victims of harassment
• Victims of criminal threats
• Parents of minors who are victims of harassment or threats

What Protection Does It Provide

A restraining order can prohibit the respondent from:

• Contacting the victim by phone, email, or in person
• Coming near the victim’s home, workplace, or school
• Possessing firearms
• Having contact with shared children (in certain cases)
• Making threats of any kind

The Process

• File a petition for a restraining order with the court
• A judge may issue an emergency order the same day
• A hearing is scheduled approximately 21 days later
• At the hearing, both parties present their case
• The judge decides whether to grant a permanent order

What You Should Know

You are not alone if you are a victim of abuse. The law provides meaningful protections, and an attorney can help you obtain a restraining order quickly while safeguarding your rights. Our offices in Burbank and San Diego, California are ready to assist you.