Restraining Order Laws in California

A protective order can issue different orders to keep the victim safe, such as removing the person from a shared home or ordering them to physically stay away from the person filing. These orders can be issued after a court hearing or as part of a final judgment at the Riverside Family Law Courthouse in Riverside, the Indio Larson Justice Center located in Indio, or another local court.

However, the victim must provide sufficient proof of why they need the order. Before a hearing, the court must ensure a search is conducted to check if the proposed restrained person:

• Has prior violent or serious felony convictions
• Has had misdemeanor convictions involving domestic violence or weapons
• Has any outstanding warrants. If the search reveals any outstanding warrants, police must take necessary actions to execute them.
• Is on parole or probation. If the restrained person is on parole or probation, the court must notify the appropriate officer, who must take necessary actions, including revocation, as appropriate.
• Owns or possesses firearms. If firearms possession is revealed or suspected, the court must record whether the restrained person has relinquished the firearms and notify police if proof is not provided. Law enforcement will then recover firearms.
• Has prior restraining orders or violations

Non-Domestic Protective Orders

For those being threatened or harassed by people not included in domestic issues, similar legal standards apply. The court can order the person causing the harassment to stop contacting the victim or even keep away from any pets involved. The court may also protect other family members if needed.

The temporary order can be granted quickly, sometimes without warning the other person first, and usually lasts until a hearing is held. At the hearing, both sides can explain their side.

For those facing a restraining order being filed against them, be sure to hire a restraining order lawyer. They can challenge the order and assist in building a case in your favor. Without enough evidence, the order won’t be granted.

If a judge grants a longer order, it can last up to five years and can be renewed. For those being filed against without substantial proof, this can be life-altering and overwhelming to handle alone.

California law also allows an employer to ask the court for a restraining order if an employee has been harmed at work. These restraining orders can stop the accused from going near the employee and may also protect other employees or family members. The order can be temporary at first and then extended after a court hearing for up to three years.

At the Najera Law Group, APC, our legal team understands that you may be facing one of the most difficult times in your life, both as a filer or as someone being filed against. We are dedicated to protecting our California communities and neighbors by advocating for their rights during cases.

FAQs

Q: Will My Case Be Kept Private if I’m a Minor Seeking Protection in Corona, CA?

A: In Corona, CA, a minor or their guardian can ask the court to keep certain information private, like the minor’s name, address, and protective order details. The court may agree if there is a real risk of harm. The court may allow certain people, like police or schools, to see the information, if needed, to enforce the order or protect the minor.

Q: Can I Have a Loved One With Me During My Hearing?

A: Yes. A support person gives emotional help to a victim of domestic violence during their court hearings. The victim chooses who will be their support person. The support person does not need special training or certification. The court allows the support person to sit with the victim if the victim has no lawyer. However, the court can remove the support person if they interfere with the process or try to influence the victim.

Q: What Is a Criminal Protective Order?

A: A criminal protective order can protect a victim or witness from harm, threats, or intimidation during a criminal case. The judge can stop the defendant from contacting or approaching the protected person. Police protection can be arranged if the victim agrees or there is an emergency. In serious cases, the restrained person might wear a GPS tracker and pay for it if able. Violating the order can lead to new charges or jail time.

Hire a Restraining Order Lawyer

Najera Law Group, APC, offers free consultations to Corona residents who want to understand what legal options are available to protect them and advocate for them. Contact our team today to schedule your confidential consultation and learn how we can help you.