This article was updated on 12/05/2024 to reflect the most recent and accurate information regarding orders of protection in California.
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Seeking an order of protection is a courageous step to securing the safety of yourself and those in your care. If you are being victimized or fear you will be victimized, it is important to know that you are not alone. There is help available, and there is nothing to be ashamed or apprehensive about. The only mistake victims make regarding orders of protection is not seeking legal assistance in getting one in place.
There are three types of orders of protection that can provide victims with legal protections to support their safety—emergency protective orders, temporary restraining orders, and permanent restraining orders.
Emergency Protective Orders
Definition: Under California Family Code Section 6250, an EPO may be issued when there is a “reasonable belief” that the victim faces immediate harm, including domestic violence, child abuse, elder abuse, or harassment.
An emergency protective order (EPO) is the most immediate form of restraining orders and is issued to provide victims with a short-term, enforceable separation while longer-term protection can be sought through the court system. The main difference between EPOs and temporary or permanent restraining orders is that California law requires a law enforcement officer to request an emergency protective order when they believe the victim is in imminent danger of harm by the subject of the EPO.
A judge is required to be on call 24 hours a day, seven days a week to hear EPO petitions. For an EPO to be granted by the judge, the officer must establish that the subject of the EPO presents an immediate danger of perpetrating domestic violence, abusing or abducting a minor, harming an elderly person or dependent, or engaging in similar acts. Issuing an EPO helps prevent these threats from occurring.
Example: A police officer responds to a domestic violence call and determines the victim is at immediate risk. The officer requests an EPO from a judge, granting the victim protection for seven days while they pursue further legal action.
If the threat of danger persists after an EPO is issued, the petitioner should move forward with requesting a temporary restraining order (TRO).
Temporary Restraining Order
Definition: According to California Code of Civil Procedure Section 527, a TRO requires evidence of harassment, threats, or abuse that creates a reasonable fear for personal safety.
If you are the victim of physical or mental abuse or fear for your safety, it is important not to hesitate in seeking the help of an attorney or legal advocate. A temporary restraining order (TRO) gives victims the ability to petition a judge for a temporary order of protection while a request for permanent action can make its way through the legal system.
A TRO provides a victim with the same safeguards as an EPO and prohibits contact as defined in the order. TROs normally last 20 to 25 days, during which the petitioner can request a permanent restraining order for extended protection.
Example: A victim files for a TRO after an ex-partner repeatedly sends threatening messages. The judge grants the TRO, prohibiting contact for three weeks until a hearing for a permanent restraining order can be scheduled.
Permanent Restraining Order
Definition: Under California Family Code Section 6345, a permanent restraining order may last up to five years and can be renewed if necessary for continued protection.
If a victim feels they are still in immediate danger as a TRO is about to expire, they can petition a judge for a permanent restraining order. During a court hearing, the judge will determine if the petitioner remains in danger and establish specific safeguards based on the individual case.
A permanent restraining order can last up to five years for domestic violence cases and three years for civil harassment. Consulting an attorney can help maximize the length of a permanent restraining order within what is allowed by state laws.
Example: A victim of ongoing harassment obtains a permanent restraining order after presenting evidence of repeated violations of their TRO. The judge grants the order for the maximum allowable duration.
Three Actions You Must Take to Stay Safe
If you are currently being abused or victimized, or believe you are in danger, it is important to have a plan to stay safe, contact law enforcement if you are in immediate danger, and reach out to us to assist you in securing an order of protection.
We have helped many people seek the legal protections they deserve through a restraining order. Contact us so we can advocate for you and your loved ones.
