In California, there are several types of protective orders available to individuals seeking legal protection from domestic violence, harassment, or other forms of abuse. The specific names and details of these protective orders may vary by jurisdiction, but the following are the commonly recognized types of protective orders in California:
1. Emergency Protective Order (EPO)
An Emergency Protective Order (EPO) is an immediate temporary order that can be issued by law enforcement officers or judges. It provides emergency protection to a victim of domestic violence, abuse, or harassment. EPOs are typically requested by law enforcement at the scene of an incident and can provide immediate safety measures such as removing the alleged abuser from the residence or establishing a no-contact order. EPOs are typically valid for a short period, such as 5-7 days or until the next court hearing.
2. Temporary Restraining Order (TRO)
A Temporary Restraining Order (TRO) is a temporary order issued by a judge based on evidence provided by the petitioner (the person seeking protection). It offers immediate legal protection to victims of domestic violence, abuse, harassment, or stalking. TROs can include provisions such as no-contact orders, orders to vacate the residence, custody and visitation arrangements, and other necessary measures to ensure the safety and well-being of the petitioner. TROs are typically valid for a specific period, such as 20-25 days, until a hearing can be conducted to determine if a permanent order should be issued.
3. Domestic Violence Restraining Order (DVRO)
A Domestic Violence Restraining Order (DVRO) is a long-term order issued by the court to provide ongoing protection to victims of domestic violence, abuse, or harassment. It can be sought by individuals who have been or are at risk of being victims of abuse by a current or former spouse, partner, family member, or cohabitant. DVROs can include provisions similar to those in TROs, such as no-contact orders, orders to stay away from certain locations, and provisions related to child custody and visitation. DVROs are typically valid for a specific duration, such as 1-5 years, and can be renewed if necessary.
4. Civil Harassment Restraining Order
A Civil Harassment Restraining Order is a type of protective order available to individuals who are victims of harassment by someone who is not a close family member or intimate partner. It can be sought in cases of stalking, threats, or unwanted behavior that causes substantial emotional distress or fear. Civil Harassment Restraining Orders can provide protection against individuals such as neighbors, acquaintances, or strangers.
5. Elder or Dependent Adult Abuse Restraining Order
An Elder or Dependent Adult Abuse Restraining Order is a type of protective order specifically designed to protect elderly individuals or dependent adults who are victims of abuse, neglect, or exploitation. It can be sought by the victim or a concerned party to ensure the safety and well-being of the elderly or dependent adult.
It’s important to consult with a legal professional or contact your local court to understand the specific procedures, requirements, and available types of protective orders in your jurisdiction in California. The information provided here serves as a general overview and may not cover all the nuances or variations of protective orders in California.