Read about the law in Code of Civil Procedure section 527.6. Emergency protection orders are extended from 7 days to 30 days. The person getting the restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.” Sometimes, restraining orders include other “protected persons” like family or household members of … HINT: See CEB California Civil Discovery Practice 4 th edition Section 15.59 for an extensive discussion on Protective Order and CEB Section 6.142-6.144 for a sample motion for protective order. CCP § 2019.030(a)(2). Get more information on getting a, Elder or dependent adult abuse restraining order (if the person being abused is 65 or older, or between 18 and 64 and a dependent adult). Workplace Violence Restraining Order 3. (Southern California Edison Co. v. Superior Court of Los Angeles County, supra, 7 Cal. Having a lawyer can help make the process easier to handle. HINT: See CEB California Civil Discovery Practice 4 th edition Section 15.59 for an extensive discussion on Protective Order and CEB Section 6.142-6.144 for a sample motion for protective order. Then, the clerk will set a date for a hearing. He or she will not be able to go to certain places or to do certain things. Domestic violence restraining order (for protection from people you were involved with romantically at some point or close family members). Typically, the prosecuting attorney will petition the court to issue a CPO pursuant to California Penal Code Section 136.2. Get more information on getting an, Workplace violence restraining order (filed by an employer to protect an employee from violence, stalking, or harassment by another person). For civil harassment cases, EPOs are only available in … So a police officer that answers a call because of serious violence or a serious threat can ask a judge for an emergency protective order at any time of the day or night. Most prosecuting agencies will file criminal charges well before an EPO expires. Regarding depositions, interrogatories, requests for production and requests for admission, a party bringing a motion for protective order must do so “promptly” after the need for the protective order arises. Criminal Protective Order or “Stay-Away” Order. There are essentially four types of California protective orders that the courts will issue. In California, restraining orders … That gives you enough time to go to court to file for a temporary restraining order. Civil Harassment Restraining Order . Protective order is an order that prevents the disclosure of certain information under certain circumstances. If you are being stalked, you can call the police and ask for an EPO. Criminal Protective Order (CPO) A more extended protective order in a criminal case may be issued when the defendant appears at the first court date, known as the arraignment. Studies have shown that many people who commit domestic violence against an adult are more likely to commit abuse to a child. Most prosecuting agencies will file criminal charges well before an EPO expires. This video series provides information about the options for resolving civil harassment disputes. You can ask for a civil harassment restraining order if: Generally, for civil harassment restraining orders, the person you want to restrain is not: If you have a close relationship like one of these, consider whether a domestic violence restraining order is best for your situation. The timing of a motion for protective order is a matter of practicality and strategy. For more information and to view in other languages, please visit our page for these videos. Filing a civil protection order is a formal process that results in a formal court hearing. When you go to court for the hearing that was scheduled for your TRO, the judge may issue a “permanent” restraining order. 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