What You Didn’t Know About Restraining Orders in Orange County
Restraining orders are powerful legal tools designed to protect individuals from harm, abuse, threats, and harassment. Whether you’re seeking protection from an abusive relationship, harassment from a stranger, or violence in the workplace, a restraining order can provide you with the legal shield you need to feel safe. However, many people don’t fully understand how restraining orders work or what’s involved in obtaining one, especially in Orange County.
Table of Contents
What Is a Restraining Order?
A restraining order is a court-issued order that legally prohibits one individual from contacting or approaching another individual. It can require the restrained person to stay away from you, your home, your workplace, your school, and other places you frequent. In some cases, it may also forbid the restrained person from communicating with you in any way, whether in person, by phone, through social media, or via third parties.
Types of Restraining Orders in Orange County
Most people assume that all restraining orders are the same, but in reality, there are different types of restraining orders in California, each designed to address specific situations. Here are the four primary types of restraining orders in Orange County:
- Domestic Violence Restraining Order (DVRO): This type of restraining order applies to cases involving abuse or threats of abuse between individuals who have a close personal relationship. This can include spouses, domestic partners, family members, or individuals who are dating or have dated in the past. Domestic violence restraining orders are common in cases of physical, emotional, or sexual abuse within a household or family.
- Civil Harassment Restraining Order: Civil harassment restraining orders are intended for individuals who do not have a close relationship with the person they are seeking protection from. This could apply to neighbors, coworkers, roommates, acquaintances, or even strangers. These orders can be used to stop stalking, harassment, or any behavior that causes a person fear or emotional distress.
- Workplace Violence Restraining Order: Employers can seek a workplace violence restraining order on behalf of an employee who is experiencing threats or violence at work. This order aims to protect employees from aggressive coworkers, clients, or anyone else who poses a threat of harm in the workplace.
- Elder or Dependent Adult Abuse Restraining Order: This order is designed to protect individuals aged 65 and older or dependent adults (those with mental or physical disabilities) from physical, emotional, or financial abuse. Elder abuse is taken very seriously in California, and this order can provide immediate and long-term protection for victims.
Lesser-Known Facts About Restraining Orders in Orange County
While many people are familiar with the basics of restraining orders, there are several lesser-known facts about the process and its implications that are important to understand.
- Restraining Orders Can Have Immediate Effects
When you file for a restraining order in Orange County, you can request a Temporary Restraining Order (TRO), which can go into effect almost immediately. A judge reviews your petition and determines if a TRO is necessary to protect you while your case is being processed. This temporary order can provide immediate protection by requiring the restrained person to stay away from you, cease all communication, and avoid any form of harassment. The TRO typically lasts until your court hearing, which is scheduled within a few weeks of filing the petition.
- Restraining Orders Can Impact Child Custody
In cases involving domestic violence, restraining orders can have significant implications for child custody and visitation rights. If the restrained person is a parent or guardian, the court may restrict or prohibit their contact with the child if it believes the child’s safety is at risk. The court will also consider the restrained person’s behavior when making long-term custody decisions.
However, the restrained parent may be granted limited, supervised visitation if the court deems it appropriate. This can be a crucial factor to consider for anyone filing a restraining order who shares children with the restrained party.
- You Can Request Additional Protections Beyond No Contact
In addition to requiring the restrained person to avoid contact with you, you can request additional protections through your restraining order. For example, you can ask the court to:
- Order the restrained person to move out of your shared home (if applicable).
- Prohibit them from possessing firearms.
- Require them to pay child or spousal support.
- Require them to pay restitution for damages caused by their abusive or harassing behavior.
It’s essential to work with an experienced attorney when requesting these additional protections, as the court will need detailed information and evidence to support your requests.
- Restraining Orders Are Public Record
Many people don’t realize that once a restraining order is issued, it becomes part of the public record. This means that anyone can access information about the restraining order through court records. While this can provide transparency, it can also be a privacy concern for individuals involved in sensitive or personal cases. Understanding this aspect of restraining orders can help you make informed decisions about how to proceed with your case.
- The Burden of Proof is Critical
To obtain a restraining order in Orange County, you must provide evidence that the person you’re seeking protection from poses a legitimate threat to your safety. This burden of proof falls on the petitioner (the person filing for the restraining order). You must demonstrate that the other person has engaged in behavior that justifies the order, such as abuse, harassment, stalking, or threats.
Evidence can include:
- Witness testimony
- Police reports
- Text messages, emails, or social media posts
- Photos or videos of injuries or property damage
The strength of your evidence can significantly impact whether the court grants the restraining order, which is why it’s crucial to gather as much supporting information as possible before filing.
- Violating a Restraining Order Carries Severe Consequences
A restraining order is legally binding, and violating it can result in serious consequences for the restrained person. If the person violates any of the terms of the restraining order — such as contacting the petitioner, visiting prohibited locations, or continuing harassment — they can face criminal charges. Penalties for violating a restraining order in Orange County can include fines, jail time, and a permanent criminal record.
If you are being harassed or threatened by someone who has violated a restraining order, you should contact law enforcement immediately. The police can arrest the restrained person for the violation, and additional charges may be filed.
- Restraining Orders Are Not Permanent
While a temporary restraining order provides immediate protection, a permanent restraining order is only granted after a court hearing where both sides have the opportunity to present their case. Even then, a “permanent” restraining order doesn’t last forever. In California, domestic violence restraining orders can last up to five years, while civil harassment restraining orders typically last three years. Once the order expires, the protected person may need to request an extension if they still feel threatened.
It’s also important to note that the restrained person has the right to request a modification or termination of the restraining order if circumstances change.
The Importance of Legal Representation
Filing a restraining order can be a complicated and emotionally charged process. Whether you are seeking protection from someone or defending against an unwarranted restraining order, the assistance of an experienced attorney is invaluable. An attorney can help ensure that all legal requirements are met, that your rights are protected, and that your case is presented effectively to the court.
Contact the Law Offices of John D. Rogers for Help
At the Law Offices of John D. Rogers, we understand the sensitive nature of restraining orders and the impact they can have on your life. Whether you need help filing a restraining order or defending against one, our team of experienced attorneys is here to guide you through the process and ensure your rights are protected.
Contact us today to schedule a consultation with an experienced Orange County restraining order attorney to discuss your situation and learn more about how we can help you navigate the restraining order process in Orange County.
