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What are the types of domestic violence restraining orders?

| Dec 23, 2020 | Firm News |

In California, if you face allegations of domestic violence, the alleger may seek a domestic violence restraining order. 

The Judicial Branch of California explains that abuse comes in many forms. Abuse may be physical, emotional, psychological or verbal. If your accuser seeks a restraining order, there are four different types. 

What types of restraining orders are there?

When you have a restraining order against you, the point is to bar you from all contact with the person making the allegations. 

The four types of restraining orders include: 

  • Temporary restraining orders 
  • Permanent restraining orders 
  • Emergency protective orders 
  • Criminal protective orders 

Restraining orders can ban you from your children, relatives and others connected to the accuser. 

What does each restraining order accomplish?

A temporary restraining order lasts between 20 and 25 days. The alleged victim fills out the proper paperwork and explains to the judge the situation. The judge decides whether to grant the restraining order. 

A permanent restraining order is sometimes the outcome of a temporary restraining order. These orders last up to five years. A judge can grant a permanent order when you arrive at the hearing for the temporary order. 

Judges can order emergency protective orders at all hours of the day and night. If a police officer responds to a domestic violence call, he or she will call the judge to ask for a restraining order. These orders last about seven days. 

If you face charges of domestic violence, the criminal court may be the one to issue the criminal protective order. This order lasts for the duration of the trial and can last for three years if found guilty.