The court system can issue restraining orders during domestic violence cases here in California. How does this process work? Generally, one part will request a restraining order in either the civil or criminal court system.
A judge will often grant a temporary restraining order. The “restrained” individual can respond to this order. Eventually, the reasons for the order will be examined by the court system.
At this point, a judge could choose to cancel or continue the order, making it “permanent” for a period of time.
Review How a Restraining Order Is Issued in California
Anyone can request a restraining order in a domestic violence situation in Los Angeles. In order to request a restraining order, an individual must complete and file forms provided by the court system. Individuals do not have to pay a fee to file these forms.
Additionally, individuals do not have to show evidence of violent behavior to file a restraining order. Judges in California have until the next business day to decide whether they will file the restraining order or not. In many cases, judges do not wait until the next day to make their decision.
Judges that approve a restraining order will:
- Issues a “temporary” restraining order
- Set up a court date to resolve the restraining order
Note that the person who requested the restraining order has to “serve” the order to the restrained person. They must select someone else over the age of 18 to serve – or hand over – the order.
Basic Kinds of Restraining Orders in Los Angeles
The court can issue four primary kinds of restraining orders in cases involving domestic violence. These orders include:
Emergency Protective Orders (EPOs)
These orders can be issued around the clock. They last no more than seven days. Police officers can request this kind of order from a judge after they receive a call in a domestic violence case.
Temporary Restraining Orders (TROs)
People can fill out a form and request a TRO here in Los Angeles. These orders usually last no more than 25 days. They will last until a court hearing occurs to assess the continued use of a restraining order.
“Permanent” Restraining Orders
While we call these orders “permanent,” they really only last up to five years. The court can issue a permanent restraining order after a court hearing. TROs often lead to permanent restraining orders in California.
Stay-Away Orders (Criminal Protective Orders)
Finally, the court sometimes issues stay-away orders. These orders are used during on-going criminal cases. They will continue to apply for up to three years after the end of a criminal case if someone pleads guilty or is convicted.
Regulations for Restraining Orders in Domestic Violence Cases
Restraining orders are used to legally forbid individuals from getting too close to the person who requested the order. A restraining order will usually include information about how far away you must stay from the person who filed the order.
Note that these orders will not continue if the individual who requested the order does not show up for the hearing date. This means that a temporary order may not become permanent in all cases.
Results of Disregarding a Restraining Order in California
The court treats restraining orders very seriously, especially in domestic violence cases. Failure to follow a restraining order can lead to criminal charges. Depending upon the circumstances, violating a restraining order will either be treated as a misdemeanor or a felony.
Individuals who violate a restraining order can face fines of up to $10,000 and prison time of up to three years. If you are served a restraining order or charged with domestic violence, it’s a good idea to get legal help on your side right away. Find out how to handle these charges with the Simmrin Law Group.
Ask a Lawyer About Restraining Orders Issued in Domestic Violence Cases
Find out more about what happens if a restraining order is issued in a domestic violence case with the Simmrin Law Group. Our domestic violence lawyers in Los Angeles can help with all aspects of a domestic violence charge. Let us get to work today with a free consultation.
Reach out to our team by calling (310) 997-4688 or filling out our online contact form.