Certain individuals may apply for a Restraining Order if another person has abused them or threatened to abuse them. The person seeking protection is the protected person, while the individual this person wants protection from is the restrained person.
There are a variety of restraining orders available to California residents depending on the circumstances. These include the following:
- Domestic Violence Restraining Order
- Civil Harassment Restraining Order
- Dependent Adult or Elder Abuse Restraining Order
- Workplace Violence Restraining Order
- Private Postsecondary School Violence Prevention Restraining Order
Any person may apply for a Domestic Violence Restraining Order if he or she has one of the following relationships with the person to be restrained:
- Married, divorced, separated, registered domestic partnership, have a child together, dating or used to date, live together or used to live together; or
- Related within the second degree of affinity or consanguinity: mother or mother-in-law, father or father-in-law, child or stepchild or legally adopted child, grandparent or grandparent-in-law, grandchild or grandchild-in-law, sister or sister-in-law, brother or brother-in-law, stepparent, daughter-in-law or son-in-law. The person to be restrained must be an in-law through a current marriage.
If there is a divorce, legal separation, or paternity case on file with any Superior Court of California, the request for a restraining order is typically made in the related family law case. Anyone who does not qualify for a Domestic Violence Restraining Order may apply for any of the aforementioned restraining orders.
A protected person can make a request to the court to extend or renew a restraining order prior to the time it expires. The restrained person may agree or disagree with this request by completing and filing a Response to Request to Renew Restraining Order (DV-720) with the court. The protected person must be served with a copy of the Response.
The court will consider a Response at the hearing to renew the order. During this time, while the hearing is pending, a restrained person must continue to obey the current restraining order. Failing to appear at the hearing means the court may renew the order for up to 5 years or permanently.
The first action after a temporary restraining order is entered against you should be to seek the representation of an experienced domestic violence defense attorney. Criminal law specialist John Patrick Dolan protects the rights of those charged with assault, domestic violence or spousal abuse. Mr. Dolan has over forty years of experience working to help his clients obtain the best resolution possible when freedom and reputation are at stake. Call us today at (760) 775-3739 or find out more online here. Happy New Year from the Dolan Law Offices! Drive Safely!