There are multiple types of restraining orders in California, and each can cause significant challenges in our client’s personal and professional life.
Here is what California residents need to know about the connection between restraining orders and criminal charges.
What are the Different Types of Restraining Orders in California?
In California, there are four major types of restraining orders.
A domestic violence restraining order is a family court order designed to protect a person from another party with whom they share a close relationship.
- Civil Harassment Restraining Orders
Civil harassment restraining orders may be pursued after one person has been the target of abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone they have not dated and do not have a close relationship with.
- Elder Abuse or Dependent Adult Abuse Restraining Orders
Elder abuse restraining orders can be filed by someone who is 65 years or older who is suffering from abandonment, isolation, neglect, physical abuse, financial abuse, being transported out of state against their will, or other behavior that causes pain, physical harm, or mental suffering.
- Workplace Violence Restraining Orders
Workplace violence restraining orders protect an employee from suffering unlawful violence or credible threats of violence in the workplace, and can demand the restrained to not contact, go near, harass, or threaten the employee. A workplace violence restraining order must be requested by an employer on behalf of an employee who needs protection.
In addition, there are two types of restraining orders that are assigned directly by the courts, and not a third party:
- Gun Violence Restraining Orders
A Gun Violence Restraining Order (GVRO) is a court order that prohibits someone from having a gun, ammunition, or magazines to prevent someone you worry about from having guns and being dangerous to themselves or others.
It can order someone to:
- Not possess or own a gun, ammunition, or magazines.
- Not buy a gun, ammunition, or magazines.
- Turn in any guns, ammunition, and magazines to the police, sell them to or store them with a licensed gun dealer.
- Criminal Protective Orders
A Criminal Protective Order (CPO) is an order a judge makes to protect a witness to, or victim of, a crime. Such persons are referred to as “Protected Persons.” A CPO is routinely issued in cases involving domestic violence charges when a defendant appears in court for the first time. A criminal protective order is requested by the district attorney bringing the criminal charges in a case. If a judge grants one, it can remain in effect for up to ten years.
Are Restraining Orders the Same as Being Charged with a Crime in California?
All restraining orders are civil orders and do not result in criminal charges.
However, restraining orders — both temporary and permanent — may be the next step after abuse occurs, and the individual is arrested on criminal charges. They remain two different cases, one in civil court, and the other in criminal court.
Criminal charges can also result from the restrained party violating the order and could result in contempt of court charges or jail time.
Will a Restraining Order Appear During a California Record Check?
In most situations, restraining orders are entered into the California Law Enforcement Telecommunications System (CLETS), which provides police departments and other state agencies with access to the records, so they can be used when enforcing restraining orders.
These records can also create serious problems for those who are looking for work, applying for admission to school, or trying to obtain a state license.
If you have been served with a temporary restraining order in California and would like to challenge its permanency, contact our skilled San Diego criminal defense attorney to learn more about your legal rights by calling 619-269-2131 to discuss the details of your case today.