California Restraining Order Laws | Amin Law

Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.

The domestic violence laws defines “abuse” as: Physically hurting or trying to hurt someone, intentionally or recklessly; committing Sexual assault; Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone in the future); OR Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.

The physical abuse is not just hitting. Abuse can be kicking, shoving, pushing, pulling hair, throwing things, scaring or following you, or keeping you from freely coming and going. It can even include physical abuse of the family pets.

Also, keep in mind that the abuse in domestic violence does not have to be physical. Abuse can be verbal (spoken), emotional, or psychological. You do not have to be physically hit to be abused. Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over the person being abused.

What can a RO do?

A restraining order is a court order. It can order the restrained person to:

1. Not contact or go near you, your children, other relatives, or others who live with you;

2. Stay away from your home, work, or your children’s schools;

3. Move out of your house (even if you live together);

4. Not have a gun;

5. Follow child custody and visitation orders;

6. Pay child support;

7. Pay spousal or partner support (if you are married or domestic partners);
8. Stay away from any of your pets;

9. Transfer the rights to a cell phone number and account to the protected person

10. Pay certain bills;

11. Not make any changes to insurance policies;

12. Not incur large expenses or do anything significant to affect your or the other person's property if you are married or domestic partners;

13. Release or return certain property; and

14. Complete a 52-week batterer intervention program.
Once the court issues (makes) a restraining order, the order is entered into a statewide computer system (called CLETS) that all law enforcement officers have access to. And your restraining order works anywhere in the United States. If you move out of California, you should contact your new local police so they will know about your orders.

If you move to California with a restraining order from another state, or if you have a restraining order issued by a tribal court (in California or elsewhere in the U.S.), your restraining order will be valid anywhere in California and the police will enforce it. If you want your restraining order to be entered into California’s statewide domestic violence computer system, you can register your order with the court.

What a restraining order CANNOT do

A restraining order cannot:

1. End your marriage or domestic partnership. It is NOT a divorce; and
2. Establish parentage (paternity)

Effect of a restraining order on the restrained person

For the person to be restrained, the consequences of having a court order against him or her can be very severe.

1. He or she will not be able to go to certain places or to do certain things.

2. He or she might have to move out of the house.

3. It may affect his or her ability to see the children.

4. A restrained person will generally not be able to own a gun. If RO is granted, the gun has to be relinquished

5. The restraining order may affect immigration status.

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