California law provides several different types of protective orders depending on the relationship between the parties and the nature of the conduct at issue. A protective order California courts issue takes several forms. Understanding which type of protective order applies to your situation — and what each type covers — is essential before filing. The types of restraining orders California courts issue differ in eligibility, procedure, and scope.
Domestic Violence Restraining Order (DVRO)
A domestic violence restraining order California is available under Family Code section 6211 to people in qualifying relationships. Qualifying relationships include: current or former spouses; current or former cohabitants; current or former dating partners; people who have a child together; close family members (parents, children, siblings, grandparents); and stepchildren and stepparents. A DVRO can prohibit contact, require the restrained party to move out of a shared home, award temporary custody and visitation, and require firearms surrender. Domestic violence restraining orders are the most comprehensive type of protective order in California family law.
Civil Harassment Restraining Order
A civil harassment restraining order California is available under Code of Civil Procedure section 527.6 when the relationship between the parties does not qualify for a DVRO. Civil harassment restraining orders protect against harassment, stalking, threats, or violence by neighbors, acquaintances, coworkers, or strangers. The civil harassment restraining order California does not require a relationship as close as those required for a DVRO — it is available against any person who has engaged in a course of conduct that harasses, threatens, or places the petitioner in reasonable fear of violence. Civil harassment cases are heard in the civil division of superior court rather than the family law division.
Elder Abuse Restraining Order California
An elder abuse restraining order California is available under Welfare and Institutions Code section 15657.03 to protect people aged 65 and older, or dependent adults, from abuse, neglect, or exploitation. Elder abuse restraining orders California courts issue can protect against physical abuse, emotional abuse, financial exploitation, isolation, and abandonment. The elder abuse restraining order California can be filed by the elder themselves, by a conservator, or by a county adult protective services agency. These orders have some unique features — they can award possession of a shared residence and can require the abuser to stay away from the elder's caregivers as well as the elder.
Workplace Violence Restraining Order
A workplace violence restraining order California is available under Code of Civil Procedure section 527.8 and is filed by an employer to protect employees from violence or credible threats of violence that occurred in the workplace. Unlike the other types of protective orders, a workplace violence restraining order is filed by the employer on behalf of the employee — the employee does not file directly.
Difference Between Restraining Orders California
The difference between restraining orders California courts issue primarily comes down to the relationship between the parties and where the case is filed. DVROs are filed in family law court and require a qualifying domestic relationship. Civil harassment restraining orders are filed in civil court and are available against any person. Elder abuse restraining orders are available through a specialized elder abuse statute. Choosing the correct type of protective order is important — filing under the wrong statute can result in dismissal of your petition and delay in protection.
Furubotten Law, APC handles domestic violence restraining orders and related protective proceedings throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.