In California, a restraining order is sought by a victim of abuse to ban certain actions on the abuser. Some of the most common restrictions are: i) to not contact the victim, and ii) to stay a certain distance away — both of which would not be possible if the victim and the abuser live in the same house.

If you’re the victim and you live in the same house as the person you’re seeking protection from its almost certain that one of you will have to move out.

While, in theory some of the other restrictions can be put while you live together but these are often secondary restrictions such as

1. Hand Over A Car
2. Handover Passport, Cell Phone, Medications Etc.
3. Don’t Post Intimate Images
4. Restrict Abusive Litigation

How does it work

If you’re the victim, the court can still issue a restraining order and ask the abuser to move out. Steps involve

1. “Move-Out” Orders Are Available: If you request it, the judge can include a “move-out” order (also called a “kick-out” or “exclusive use” order). This means the restrained person will be legally required to move out of the shared home—even if both of you are on the lease or own the home together.

2. Temporary Orders Can Be Issued Quickly: You can get a Temporary Restraining Order (TRO) the same day you apply, without the other person being present. If granted, it can include an order for them to leave the home until your court hearing.

3. Sheriff Can Help Enforce the Order: If a move-out order is granted, you can request that the sheriff serve the order and supervise the move-out, especially if there are concerns about safety.

4. Long-Term Orders After Hearing: At the hearing (usually within 21 days), the judge can decide whether to issue a long-term restraining order, which can last up to 5 years. If granted, it can continue to keep the person out of the home.

5. Violating the Order Has Serious Consequences: If the restrained person returns to the home or tries to contact you in violation of the order, they can be arrested and charged with a crime.