What Is a Restraining Order?
A restraining order (also called a protective order) is a legal court order designed to protect someone from abuse, harassment, stalking, or threats. The order legally requires one person (the "restrained person" or "respondent") to stay away from and stop all contact with another person (the "protected person" or "petitioner").
What a Restraining Order Can Require
California restraining orders can include various provisions requiring the restrained person to:
- No contact: Cannot call, text, email, or communicate through others
- Stay away: Must stay at least 100 yards (or other specified distance) from the protected person
- Avoid locations: Cannot go to protected person's home, workplace, car, school, or other specified locations
- Stop harassment: Cannot harass, threaten, stalk, or abuse the protected person
- No firearms: Must surrender all firearms and cannot own or possess guns
- Move out: May be ordered to move out of a shared residence
- Custody restrictions: Limits or supervised visitation with children
- Pay expenses: May be ordered to pay spousal support, child support, or other costs
⚠️ Violating a Restraining Order Is a Crime
Violating any provision of a restraining order is a criminal offense under California Penal Code § 273.6. Penalties include:
- Up to 1 year in county jail
- $1,000 fine
- Mandatory arrest if violation occurs in officer's presence
- Enhanced penalties for second violations or violations involving violence
- Potential felony charges for violations involving physical injury
If a restraining order is issued against you, you MUST comply with all terms even if you believe the order is unjust. Violations can result in immediate arrest.
Types of Restraining Orders in California
California law provides four main types of restraining orders, each designed for specific situations and relationships:
1. Domestic Violence Restraining Order (DVRO)
Who can file: People in close relationships including:
- Current or former spouses or domestic partners
- Current or former dating partners (intimate relationship)
- Parents of the same child (even if never married or dated)
- Close relatives (parents, children, siblings, grandparents, in-laws)
What it protects against: Physical abuse, sexual abuse, threats of harm, harassment, stalking, destruction of property, disturbing peace
Duration: Up to 5 years (can be renewed)
Additional provisions: Can include child custody, visitation, child support, spousal support, property control, moving out orders, and pet custody
2. Civil Harassment Restraining Order (CHRO)
Who can file: Anyone being harassed by someone they DON'T have a close relationship with, including:
- Neighbors
- Roommates (who aren't dating)
- Acquaintances or strangers
- Extended family members not covered by DVRO
- Coworkers (unless employer files workplace violence order)
What it protects against: Unlawful violence (assault, battery), credible threats of violence, harassment (course of conduct that seriously alarms, annoys, or harasses with no legitimate purpose), stalking, sexual assault, credible threats of violence
Duration: Up to 5 years (can be renewed)
Note: Must show a pattern of harassment or credible threat—general annoyance isn't enough
3. Elder or Dependent Adult Abuse Restraining Order (EAARO)
Who is protected:
- People 65 years or older
- Dependent adults ages 18-64 with physical or mental limitations that restrict their ability to carry out normal activities or protect their rights
Who can file: The elder/dependent adult themselves, or someone on their behalf (family member, care provider, law enforcement, mandated reporter)
What it protects against: Physical abuse, financial abuse, neglect, abandonment, isolation, abduction, or other treatment resulting in harm or endangerment
Duration: Up to 5 years (can be renewed)
Common scenarios: Caregiver abuse, financial exploitation, family member taking advantage of elderly person
4. Workplace Violence Restraining Order (WVRO)
Who can file: Employers on behalf of employees who have suffered unlawful violence or credible threats of violence at the workplace
Who it protects against: Current or former employees, customers, clients, or anyone not closely related to the employee
What it protects against: Unlawful violence or credible threats of violence that can reasonably be carried out at the workplace
Duration: Up to 3 years
Note: The employer files the request, not the individual employee. Employee must provide declaration describing the threat or violence.
Domestic Violence Restraining Orders
Domestic violence restraining orders are the most common type in family law cases. They carry significant consequences because they often involve custody, property, and criminal implications.
What Qualifies as Domestic Violence?
Under California law, domestic violence includes:
- Physical abuse: Hitting, pushing, shoving, slapping, kicking, biting, strangling
- Sexual abuse: Unwanted sexual contact, sexual assault, rape
- Emotional abuse: Threats to harm, coercion, intimidation
- Harassment: Repeated unwanted contact, following, stalking
- Destruction of property: Damaging belongings to intimidate or control
- Disturbing the peace: Behavior that destroys mental or emotional calm
If You Need a Domestic Violence Restraining Order
If you're in danger from a current or former intimate partner or family member, here's how I can help:
- Emergency assistance: Help filing for emergency protective orders when court is closed
- Prepare strong petition: Draft detailed declaration documenting abuse with dates, witnesses, evidence
- Gather evidence: Collect photos, medical records, police reports, text messages, emails, voicemails
- Represent you at hearing: Present evidence, examine witnesses, argue why order is necessary
- Include all protections: Ensure order covers custody, stay-away distances, no-contact, move-out orders
- Enforcement assistance: Help report violations to police and file contempt proceedings
If You're Accused of Domestic Violence
False or exaggerated domestic violence accusations are unfortunately common in custody disputes and breakups. If you're facing a domestic violence restraining order, I can help you:
- Prepare your defense: Document timeline, gather alibi evidence, identify inconsistencies
- Cross-examine petitioner: Question credibility, challenge exaggerations, expose motives
- Present evidence: Texts showing no abuse, witnesses to good relationship, proof of false allegations
- Show improper motive: Evidence order is being used for custody advantage or revenge
- Protect your rights: Ensure you can see your children, access your home/property
- Negotiate limited orders: If some protection warranted, minimize restrictions
Important: Restraining orders appear in background checks and can affect employment, professional licenses, gun rights, and custody. Fighting false accusations is critical to protecting your future.
Civil Harassment Restraining Orders
Civil harassment restraining orders apply when people who aren't in close relationships are involved in disputes. Common scenarios include neighbor disputes, roommate conflicts, stalking by acquaintances or strangers, and online harassment.
What Qualifies as Civil Harassment?
To obtain a civil harassment restraining order, the petitioner must prove:
- Harassment: A pattern of conduct (multiple incidents) that seriously alarms, annoys, or harasses you AND serves no legitimate purpose
- Credible threat of violence: Statement or conduct that places you in reasonable fear for your safety or your family's safety
- Stalking: Willfully and maliciously following or harassing another person and making a credible threat
- Unlawful violence: Assault, battery, or other illegal violent behavior
Civil Harassment Requires a Pattern
A single argument or disagreement typically isn't enough for a civil harassment restraining order. Courts require evidence of:
- Multiple incidents over time
- Conduct that would cause a reasonable person substantial emotional distress
- No legitimate purpose for the conduct
Many civil harassment requests are denied because the petitioner cannot show a sufficient pattern or credible threat.
Common Civil Harassment Scenarios
Neighbor Disputes
- Repeated threatening behavior or property damage
- Continuous harassment about noise, property lines, or other issues
- Stalking or following the neighbor
- Note: General neighbor annoyances (barking dogs, noise) alone typically don't qualify
Roommate Conflicts
- Non-romantic roommates experiencing harassment or threats
- Physical violence or property destruction
- Creating hostile living environment through threats
Stalking Cases
- Following someone repeatedly without legitimate reason
- Unwanted surveillance or monitoring
- Repeated unwanted contact after being told to stop
- Online harassment or cyberstalking
Elder or Dependent Adult Abuse Restraining Orders
Elder abuse restraining orders protect vulnerable adults from physical abuse, financial exploitation, neglect, and abandonment. These cases often involve family members, caregivers, or care facilities.
Types of Elder/Dependent Adult Abuse
- Physical abuse: Hitting, pushing, restraining, over-medicating, under-medicating
- Financial abuse: Stealing money, misusing power of attorney, coercing financial transactions, identity theft
- Neglect: Failure to provide food, water, medication, hygiene, shelter, medical care
- Abandonment: Deserting elder in unsafe conditions without adequate care
- Isolation: Preventing contact with family, friends, or support systems
- Emotional abuse: Threats, intimidation, humiliation, isolation
Who Can File on Behalf of an Elder/Dependent Adult?
If the elder or dependent adult cannot file themselves due to physical or mental limitations, these people can file on their behalf:
- Conservator or guardian
- Family members
- Healthcare providers
- Adult Protective Services
- Long-term care ombudsman
- Other mandated reporters
Workplace Violence Restraining Orders
Workplace violence restraining orders allow employers to obtain protection for employees facing threats or violence at work. These are less common than other restraining order types but important in workplace safety situations.
When Employers Should Consider Workplace Violence Orders
- Employee threatened by customer, client, or vendor
- Terminated employee making threats against current employees
- Stalking or harassment occurring at workplace
- Domestic violence situations where abuser comes to victim's workplace
- Pattern of threatening behavior from non-employee
Note: For domestic violence situations, the employee may need their own domestic violence restraining order rather than relying on employer's workplace violence order.
How Long Does a Restraining Order Last?
The duration of restraining orders depends on the type and stage of proceedings:
Restraining Order Timeline
Step 1: Emergency Protective Order (EPO)
Duration: 5-7 days
How obtained: Law enforcement officer requests from judge (usually after domestic violence incident)
Purpose: Immediate short-term protection until regular restraining order can be filed
Available: 24/7 including weekends and holidays
Step 2: Temporary Restraining Order (TRO)
Duration: 15-25 days (until court hearing)
How obtained: Petitioner files request with court; judge reviews same day or next day
Standard: Judge grants TRO if petition shows reasonable proof of past abuse/harassment and need for protection
Important: TRO is granted WITHOUT hearing the restrained person's side—it's temporary until full hearing
Step 3: Permanent Restraining Order Hearing
When: 15-25 days after TRO issued
Process: Both parties present evidence, testify, call witnesses
Decision: Judge decides whether to grant permanent restraining order based on evidence
Standard: Petitioner must prove by "preponderance of evidence" (more likely than not) that restraining order is necessary
Step 4: Permanent Restraining Order
Duration:
- Domestic Violence: Up to 5 years
- Civil Harassment: Up to 5 years
- Elder/Dependent Adult: Up to 5 years
- Workplace Violence: Up to 3 years
Renewal: Protected person can request renewal before order expires. With good cause, orders can be renewed multiple times.
Can Restraining Orders Be Extended?
Yes. Before a restraining order expires, the protected person can request an extension by filing form DV-700 (Request to Renew Restraining Order). The court will grant renewal if:
- Protected person still has reasonable fear
- Restrained person violated the order
- There have been additional incidents or threats
- Circumstances show continued need for protection
Restraining orders can be renewed indefinitely if the protected person continues to show need.
What Happens If Someone Violates a Restraining Order?
Violating a restraining order is a criminal offense under California Penal Code § 273.6, separate from any underlying domestic violence or harassment charges.
Criminal Penalties for Restraining Order Violations
First Violation
- Charge: Misdemeanor
- Jail: Up to 1 year in county jail
- Fine: Up to $1,000
- Probation: Typically includes additional protective orders, counseling, stay-away orders
Second Violation or Violation with Violence/Threats
- Enhanced penalties: Mandatory minimum jail time
- Fine increases: Up to $10,000 for subsequent violations
- Felony charges possible: If violation involves violence or credible threat of violence
Consequences of Violation Conviction
- Criminal record showing restraining order violation
- Extended restraining order duration
- Loss of gun rights
- Impact on custody and visitation
- Employment consequences (especially law enforcement, teaching, healthcare)
- Immigration consequences for non-citizens
What Counts as a Violation?
Any intentional breach of restraining order terms is a violation, including:
- Direct contact: Calling, texting, emailing, or contacting through social media
- Third-party contact: Having someone else contact the protected person on your behalf
- Coming too close: Being within the specified stay-away distance (typically 100 yards)
- Going to protected locations: Appearing at protected person's home, work, school, or vehicle
- Sending gifts or letters: Even "positive" contact violates no-contact orders
- Online contact: Commenting on social media posts, viewing profiles, tagging in posts
⚠️ "But They Contacted Me First!"
This is NOT a defense to restraining order violation. Even if the protected person initiates contact, YOU are still prohibited from responding or having contact. The order only restricts YOUR behavior, not theirs.
If the protected person wants to resume contact, they must petition the court to modify or terminate the restraining order. Do not respond to their contact without court permission.
Defending Against False Violation Claims
If you're accused of violating a restraining order you didn't violate, defenses include:
- Lack of knowledge: You didn't know about the restraining order (must prove you weren't properly served)
- Lack of intent: Contact was accidental or unintentional (burden is difficult to meet)
- False accusation: Evidence proving you weren't at the location or didn't make contact
- Insufficient evidence: Prosecution cannot prove beyond reasonable doubt that violation occurred
- Protected person invited contact: While not a complete defense, may reduce penalties or show lack of intent to harm
Can Restraining Orders Be Challenged?
Yes. If someone files a restraining order against you, you have the absolute right to contest it at a hearing. Many restraining orders are denied or limited after the respondent presents their defense.
Common Defenses to Restraining Orders
1. False or Exaggerated Allegations
The most common defense is that the allegations simply aren't true or are grossly exaggerated. Evidence supporting this defense includes:
- Timeline showing events couldn't have happened as described
- Alibi evidence (you were somewhere else)
- Witnesses who contradict petitioner's version
- Text messages, emails showing friendly relationship
- Photos or videos disproving allegations
- Inconsistencies in petitioner's declaration or testimony
2. Improper Motive
Restraining orders are sometimes used as tactical weapons in custody disputes, divorce proceedings, or personal vendettas. Evidence includes:
- Timing of restraining order (filed right before custody hearing)
- Pattern of false accusations in the past
- Attempts to gain advantage in property division
- Revenge for ending relationship or dating someone new
- Evidence petitioner threatened to "get a restraining order" to punish you
3. No Credible Threat
For civil harassment orders, you can argue there's no credible threat of violence:
- No history of violence
- Allegations are vague or conclusory
- Petitioner's own conduct shows they aren't afraid (continued contact, provocation)
- Allegations don't meet legal definition of harassment
- Isolated incident doesn't show pattern required for harassment
4. Self-Defense or Defense of Others
If physical contact occurred, you can argue it was lawful self-defense:
- Evidence petitioner attacked you first
- Injuries to you showing you were defending yourself
- Witness testimony supporting self-defense
- 911 calls or police reports supporting your version
5. Insufficient Evidence
Petitioner has burden of proof (preponderance of evidence). If they can't prove their allegations, the order should be denied:
- Vague, conclusory allegations without specific dates or details
- No witnesses or evidence supporting claims
- Hearsay testimony (secondhand information) without corroboration
- Petitioner's testimony not credible or inconsistent
What Happens at the Restraining Order Hearing?
The restraining order hearing is your opportunity to present your side. Here's what to expect:
- Petitioner testifies first: Describes why they need restraining order, details incidents
- Cross-examination: Your attorney questions petitioner about inconsistencies, motives, exaggerations
- Petitioner's witnesses: Any witnesses for petitioner testify
- Your testimony: You tell your side of the story, explain what really happened
- Your witnesses: Anyone who supports your version testifies
- Evidence presented: Photos, texts, emails, police reports, medical records
- Judge's decision: Judge decides whether to grant, deny, or modify the restraining order
Important: This is NOT a criminal trial. Rules of evidence are more relaxed, and judge decides (no jury). The hearing is typically short (30 minutes to 2 hours), so preparation is critical.
Modifying or Terminating a Restraining Order
If a restraining order is granted, you can later request modification or termination if circumstances change:
- Agreement of both parties: If protected person agrees order is no longer needed
- Changed circumstances: Evidence showing order is no longer necessary
- Completion of treatment: Anger management, substance abuse treatment showing rehabilitation
- Time passage: Significant time with no incidents or contact
Both parties must attend hearing for modification or termination. Judge will only grant if convinced order is no longer necessary for protection.
Common Questions About Restraining Orders
What is a restraining order in California?
A restraining order is a court order that requires one person to stay away from another person and cease all contact. In California, restraining orders can prohibit someone from contacting, threatening, harassing, stalking, or coming within a certain distance of the protected person, their home, workplace, or vehicle. Violating a restraining order is a criminal offense punishable by jail time and fines.
What are the different types of restraining orders in California?
California has four main types of restraining orders: (1) Domestic Violence Restraining Orders for people in intimate relationships or family members; (2) Civil Harassment Restraining Orders for neighbors, roommates, or acquaintances; (3) Elder or Dependent Adult Abuse Restraining Orders for victims over 65 or dependent adults; and (4) Workplace Violence Restraining Orders that employers can obtain to protect employees from workplace threats.
How long does a restraining order last in California?
Temporary restraining orders (TRO) last 15-25 days until the court hearing. If granted at the hearing, permanent restraining orders typically last 1-5 years but can be extended. Domestic violence restraining orders can last up to 5 years. Civil harassment orders typically last 1-3 years. The protected person can request an extension before the order expires.
Can I fight a false restraining order?
Yes. You have the right to contest a restraining order at a hearing. Common defenses include: the allegations are false or exaggerated, no credible threat of harm exists, the petitioner is using the order for improper purposes (custody advantage, revenge), insufficient evidence supports the claims, or you have alibi evidence disproving the allegations. An attorney can cross-examine the petitioner and present evidence in your defense.
What happens if I violate a restraining order?
Violating a restraining order is a criminal misdemeanor under Penal Code § 273.6, punishable by up to 1 year in county jail and $1,000 fine. Second violations or violations involving violence can result in enhanced penalties up to $10,000 and potential felony charges. Even if the protected person initiates contact, you cannot respond without court permission. Violations result in immediate arrest and additional criminal charges.
Do restraining orders show up on background checks?
Yes. Restraining orders are public court records and appear on background checks. They can affect employment (especially in law enforcement, education, healthcare), professional licenses, gun ownership rights, and custody decisions. This is why it's critical to fight false or unjust restraining orders rather than accepting them.
Can I see my children if there's a restraining order?
It depends on the order. Domestic violence restraining orders can include custody and visitation provisions. The court may order supervised visitation, exchange through third parties, or safe exchange locations. If you have legitimate custody rights, request that the restraining order allow peaceful contact for child exchanges. An attorney can ensure your parental rights are protected.
How do I prove I didn't violate a restraining order?
Defenses to violation claims include: alibi evidence (phone records, GPS data, witnesses showing you weren't at the location), proof you didn't make contact (reviewing phone logs, emails), evidence of false accusation (witnesses, surveillance footage), or showing the protected person invited contact (though this isn't a complete defense). Documentation and witnesses are critical to defending false violation claims.
Can a restraining order be dropped if both parties agree?
The protected person can request dismissal or modification at any time, but the judge isn't required to grant it. Judges are hesitant to dismiss restraining orders based solely on reconciliation because domestic violence often involves cycles of abuse and reconciliation. The judge will consider whether dismissal is in the best interest of the protected person's safety. An attorney can help petition for modification or dismissal with proper documentation.
Call Grass Valley Restraining Order Attorney Today
Whether you need to obtain a restraining order for protection or defend yourself against false accusations, having experienced legal representation makes a critical difference in Nevada County Superior Court.
Call 530-265-0186 now for a consultation. I'll review your situation, explain your options, and develop a strategy to protect your rights and safety. Restraining order hearings happen quickly—typically within 2-3 weeks—so early preparation is essential.
With 25+ years of experience in Nevada County restraining order cases, I know how to present compelling evidence, cross-examine witnesses effectively, and protect your interests whether you're seeking protection or defending your reputation and rights.