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3 Types of Restraining Orders in California

If you have been arrested for domestic violence in California, not only will you face serious criminal penalties—such as jail time, fines, and a criminal record—if convicted, but you may also be subject to a protective order requested by the alleged victim. Also known as a restraining order, a domestic violence protective order prohibits you from contacting the alleged victim and those closest to him/her, visiting locations those parties regularly frequent, possessing and purchasing a firearm or ammunition, and other things. 

The following are the three types of restraining orders available for domestic violence victims in California: 

  • Emergency Protection Order – In response to a domestic violence call, a police officer can contact a judge—no matter what time of day—and request an emergency protective order on behalf of an alleged victim. If the judge believes that there is an imminent and present danger of domestic violence, the order will be issued and go into effect immediately. An emergency restraining order is valid for five (5) to seven (7) calendar days, whichever comes sooner, in order to give the victim time to go to court to request a final restraining order. 

  • Temporary Protection Order – Also known as an “ex parte” restraining order, this type of protection order is given when an alleged victim applies for a final order in court. The order lasts until the victim returns to court for a full hearing, which is generally within three (3) weeks. On the other hand, victims can also request a temporary restraining order if they believe they are in immediate danger. 

  • Final Protection Order – At the full hearing, both sides will have an opportunity to present their side of the story. If a judge rules in favor of the alleged victim, a final order lasts up to five (5) years. But if the order does not contain a termination date, then the order is valid for three (3) years. 

If you are facing domestic violence charges in Newport Beach or within Orange County, look no further than Corrigan Welbourn Stokke, APLC to protect your rights and freedom. With more than 100 years of collective legal experience, our team of former prosecutors understands what it takes to obtain the most favorable result in court. 

Contact us today at (949) 251-0330 to discuss your case with our legal team.