Restraining Orders

restraining protective orders

Restraining orders or protective orders are orders by the court restraining an individual’s rights. A restraining order can prevent a person from being within a certain distance of another, including the second party’s residence, employment, vehicle, or other individuals associated with the second party. Restraining orders are issued after a finding of abuse or harassment, and can be issued permanently for a number of years.

Present Danger of Abuse or Child Abduction
The Family Code states at §6251 that an Emergency Protective Order may be issued only if the judicial officer finds both of the following:
  1. That reasonable grounds have been asserted to believe that an immediate and present danger of domestic violence exists, that a child is in immediate and present danger of child abuse or child abduction, or that an elder or dependent adult is in immediate and present danger of abuse.
  2. That an emergency protective order is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, or abuse of an elder or dependent adult.
Without the finding of the aforementioned items, the court is without power to issue a Temporary Restraining Order. However, as a practical matter, the court will err on the side of caution. Thus, the court will normally issue a Temporary Restraining Order based on one party’s declaration until a court hearing can be held to determine whether or not an evidentiary basis is reached to authorize a permanent restraining order.