Courts in California have the power to issue restraining orders for a variety of reasons. The specific type of order depends on the situation and the relationship of the parties.
Domestic Violence Restraining Orders (DVROs), for instance, apply when the parties are closely related or have ever been involved in a romantic relationship. In addition to the typical "stay away" / "do not contact" orders, DVRO judges can order respondents to complete a 52-week course of anger management counseling if they feel it is appropriate.
Civil Harassment Restraining Orders (CHROs) are probably the most commonly-filed restraining order cases. They apply when the parties have no direct familial, workplace or romantic relationship. They usually involve situations like neighbors who butt heads, or former romantic partners who harass new partners. If the two romantic rivals are not related and have never had a relationship with each other, then their dispute would fall under the banner of a CHRO and not a DVRO.
Elder Abuse Restraining Orders (EAROs) can be issued in situations where a person over 65 years old (or any "dependent adult") is at risk of abuse or neglect, including financial abuse. EAROs are usually filed by elderly people against their own adult children or caregivers. If the elderly person is incapacitated, a conservator may seek an EARO on his / her behalf. "Power of Attorney" is not sufficient to file an EARO on behalf of someone else.
Workplace Violence Restraining Orders (WVROs) are used in cases where someone has been harassed or abused at the workplace or under circumstances related to his / her employment. That can include harassment by a coworker or by someone outside of the company / organization. WVROs generally order the restrained party to stay away from a particular location, extending protection to all of the petitioner's coworkers. The "workplace" does not necessarily have to be a private company. City Attorneys and County Counsel often have to seek WVROs on behalf of government employees who become targets of public ire (police officers, building inspectors, City Counsel members, etc.).
Gun Violence Restraining Orders (GVROs) are the newest form of restraining order under California law. They can only be initiated by police officers and by immediate family members of the restrained person. The petitioner must prove that a respondent has access to a firearm and that he poses an immanent danger to himself or others.
I've previously written several in-depth posts about the nuts and bolts of restraining orders, so there's no need to rehash it all. For more information, read those articles here and here.
This post is specifically about the consequences of having a restraining order granted against you, and why restraining orders are usually worth fighting.
Restraining orders typically prohibit the restrained party (the "respondent") from doing something that he has no legal business doing anyway. That might include orders to stay away from an ex-girlfriend's house or to stop threatening a neighbor, etc. You probably have no intention of ever driving past your ex's house or speaking to your neighbor again. In that sense, it might be tempting to blow the whole thing off and simply accept the restraining order. That is almost always a bad idea.
The first and most obvious risk of failing to assert a vigorous defense is that the judge will make orders that you DON'T accept. Maybe you were perfectly willing to stay away from your ex's house and to stop calling her, but you are not willing to stay away from her workplace because your office (or your doctor, or your kid's school) is nearby. By simply accepting the petitioner's requests, you could be waiving your opportunity to raise these issues. Consequently, the final order might be overly broad and much more restrictive than necessary.
Most restraining orders are public records. They will appear on background checks for things like employment and housing. Having a restraining order may complicate international travel. Places like Canada, Japan and Australia have very strict admission requirements, even for American citizens. Good luck volunteering at your kid's school or coaching a baseball team while you have an active restraining order against you. Of course, restraining orders also must be disclosed to any professional licensing board that governs your occupation. Having a restraining order can even make it hard to date and meet new people in an age where everyone can be Googled.
Finally, anyone who is the subject of a restraining order is prohibited from owning or possessing firearms and ammunition. That applies everywhere in the country, even outside of California. If a restraining order is granted against you, you are required by law to immediately surrender all weapons within your possession to law enforcement or to a licensed firearms dealer. Possession of firearms or ammunition by a prohibited person can be a felony. If you value the Second Amendment, you want to defend your home with a firearm, you're a hunter, or you just don't want to hand over Grandpa's war trophy, you should be prepared to zealously oppose any restraining order.
As the respondent in a restraining order case, you only get one chance to present your defense and to convince the judge to deny the petition against you. If you are not prepared to conduct your hearing on the date assigned, you are entitled to one free continuance. Just tell the judge that you need more time and the court will assign a new appearance date 3-4 weeks later.
If you fail to request a continuance and you proceed to your hearing unprepared, there are no second chances. You cannot request a new hearing just because you weren't ready, you didn't understand what was going on, a witness lied, or you disagree with the judge's decision. To appeal the final judgment after a restraining order hearing, you must prove that the judge made some specific legal error. Appeals are expensive and can take over a year to resolve. The restraining order might even expire before the appeal is settled. It is important, therefore, to properly assert a vigorous defense the first time, and not to wait until you already have a restraining order before you seek legal advice.
If you or a loved one has questions about a restraining order in California, call us for a free attorney consultation. (714) 449-3335. Ask for John.
Thanks for reading.
