Domestic Violence Restraining Order - California

Restraining Order

In some cases a restraining order may be appropriate when one party makes specific threats to harm another person or when a person actually had inflicted harm on another. Continuous and extreme harassment may also justify a restraining order.

Some examples of actions and statements that may justify the court granting a restraining order are listed here:

  • Telling a partner or spouse "I will kill you if you leave me."

  • Trapping a partner or spouse in a room or home and physically preventing them from leaving

  • Threatening phone calls with specific threats to cause harm

  • Physical assault

  • Sexual assault

  • Continuous and frequent harassing voicemails or text messages

  • Threats to children

This is not a complete list of examples but the list does represent the most common examples of actions that parties engage in.

A temporary order may be granted before the court hearing and there will be a restraining order in place pending the hearing.

If the court grants the restraining order the person restrained must stay away form the protected parties and cannot contact them in any way. There is an exception for peaceful communication and exchange of children, when the parties have children together.

If a party violates the restraining order they can be arrested and face criminal charges.

An imposition of a restraining order may also effect child custody orders and therefore filing for or defending a restraining order should be seriously considered before taking any action.

In most cases the restraining order will be imposed for three years. After the three years it may be extended if requested by the protected party and circumstances justify the extension.

It is always important to be honest in your statements to the court. When you file a restraining order you are making statements under oath and your statements may seriously effect the lives of others.

Other Things You Can Accomplish Through a Restraining Order

You can also ask for child custody, child support, spousal support and kick out orders through a domestic violence restraining order.

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