Types of Restraining Orders in California Domestic Violence Cases
California has several types of restraining orders that can be issued in domestic violence situations. Each has different requirements and durations:
Emergency Protective Order (EPO): Police can request an EPO immediately when they respond to a domestic violence call in Santa Clarita. These last up to 7 days and are designed to provide immediate protection while the alleged victim seeks a longer-term order.
Temporary Restraining Order (TRO): Also called an ex parte order, this can be requested by the alleged victim without you being present in court. It lasts up to 25 days until a hearing is scheduled where you can respond.
Domestic Violence Restraining Order (DVRO): This is the permanent order that can last up to 5 years. It requires a court hearing where both sides can present evidence and testimony.
What a Santa Clarita Restraining Order Actually Prohibits
A typical restraining order in domestic violence cases includes several restrictions that take effect immediately:
- No contact with the protected person by any means - phone, text, email, social media, or through third parties
- Stay away from the protected person's home, work, school, and children's school
- No possession of firearms or ammunition
- Move out of shared residence, even if you pay rent or own the property
- Stay at least 100 yards away from the protected person at all times
These restrictions apply even in public places. If you accidentally encounter the protected person at a grocery store or restaurant in Santa Clarita, you must leave immediately to avoid violating the order.
Criminal Protective Orders vs. Civil Restraining Orders
Many people face both types simultaneously, which can be confusing. A Criminal Protective Order (CPO) is issued automatically by the court when you're charged with domestic violence. It remains in effect throughout your criminal case.
A civil DVRO is separate and requested by the alleged victim independently. You can have both a CPO from your criminal case and a civil DVRO with different terms and durations.
The criminal protective order typically has less restrictive terms than a civil restraining order, but violating either one results in additional criminal charges.
How to Fight a Restraining Order in Santa Clarita
You have the right to contest any restraining order at a court hearing. This is your opportunity to present evidence and testimony showing why the order isn't necessary or should be modified.
Common defenses include:
- The alleged incident never happened or was exaggerated
- You acted in self-defense
- The alleged victim is using false accusations to gain advantage in custody or divorce proceedings
- There's insufficient evidence of abuse or threat of future harm
The hearing typically occurs at the Santa Clarita courthouse, where both sides can present witnesses, photos, medical records, and other evidence. The judge decides whether to grant a permanent restraining order based on the evidence presented.
Consequences of Violating a Restraining Order
Violating any restraining order is a separate criminal charge in California, even if the underlying domestic violence charges are dismissed. A first violation is typically charged as a misdemeanor with up to one year in jail.
Prosecutors take restraining order violations seriously because they view them as evidence that you pose a continued threat. Even indirect contact through friends or family members counts as a violation.
Modifying or Dismissing an Existing Restraining Order
Restraining orders can be modified or dismissed if circumstances change. Common reasons include:
- The protected person no longer feels threatened
- You need to attend your children's school events or sports games
- Work requirements make the stay-away distance impractical
- You and the protected person want to reconcile
However, only the court can modify or dismiss a restraining order. Even if the protected person asks you to contact them or come home, you must follow the original order until a judge changes it.
Impact on Child Custody and Visitation
A restraining order significantly affects your ability to see your children. The order may include provisions for supervised visitation or require exchanges to occur through a third party.
California family courts can issue separate custody orders that work around restraining order restrictions, but this requires additional legal proceedings and careful coordination between the different courts handling your cases.