Recently updated on April 27th, 2025 at 09:45 am

Domestic Violence Restraining Orders are free but Civil Harassment may have filing fee of about $435 depending the severity of the abuse.

Types of Restraining Orders in California

The types are:

Domestic Violence is for harassment, excessive texting, stalking, verbally abusing, controlling behavior, blackmailing or causing fear when the abuser is your current or former husband/wife, or a romantic partner, or a coparent, or a family member (not roommate).

Civil harassment is for situations when the abuser is your roommate, neighbor, coworker, total stranger or anyone who is not a romantic partner or close family member.

Elder Abuse: is for situations when a senior citizen or disabled adult is being abused by a caretaker, neighbor or child .

An Elder Abuse Restraining Order in California is a legal protection designed specifically to safeguard individuals aged 65 and older or dependent adults (ages 18 to 64 with physical or mental limitations that restrict their ability to carry out normal activities). The order is intended to protect them from abuse, neglect, financial exploitation, or other harmful behavior.

Overview of the Elder Abuse Restraining Order:

1. Types of Elder Abuse Covered

• Physical Abuse: Hitting, pushing, or inflicting pain or injury.
• Emotional Abuse: Verbal threats, harassment, or intimidation.
• Neglect: Failure to provide basic care or necessities like food, shelter, or medical care.
• Financial Abuse: Theft, fraud, or unauthorized control of the elder’s assets or money.
• Abandonment: Leaving an elder or dependent adult without care.
• Isolation: Preventing an elder from having contact with others or access to essential services.

2. Who Can Request the Restraining Order

• The elder or dependent adult themselves.
• A legal guardian or conservator.
• A family member or close friend on behalf of the elder (with the elder’s permission).
• Any person legally authorized to act on behalf of the elder.

3. What the Restraining Order Can Do

An elder abuse restraining order can include the following protections:

• Prohibiting the abuser from contacting, harassing, or threatening the elder.
• Ordering the abuser to stay away from the elder’s home, workplace, or other locations.
• Preventing the abuser from accessing the elder’s financial assets or property.
• Prohibiting further abuse, whether physical, emotional, or financial.

Temporary restraining orders (TROs) can be granted immediately to provide quick protection while awaiting a hearing for a permanent order.

4. Filing Process

• Filing Forms: You need to complete specific forms, including Request for Elder or Dependent Adult Abuse Restraining Orders (EA-100) and other related documents.
• Temporary Orders: If immediate protection is needed, you can request a Temporary Restraining Order (TRO), which typically lasts until the court hearing.
• Court Hearing: A hearing is scheduled within 20-25 days of filing to determine whether a permanent restraining order (lasting up to 5 years) should be granted.

There is no fee to file for an elder abuse restraining order.

5. Evidence Required

The petitioner must provide evidence showing the abuse occurred or that there’s a credible threat of abuse. Evidence can include:

• Witness statements.
• Medical records.
• Financial records (in cases of financial abuse).
• Photos or other documentation of injuries.

6. Violations

If the abuser violates the restraining order, they can face criminal penalties, including arrest, fines, and jail time.

An Elder Abuse Restraining Order in California is an essential legal tool to protect vulnerable seniors or dependent adults from ongoing or potential harm. The process is designed to offer rapid protection through temporary orders and long-term safety via permanent restraining orders when necessary.

Gun Violence Restraining Order

Gun Violence: is for cops or family members to apply for when an unstable person has a firearm,  and risks hurting themselves or others. The court order requests firearms to be taken away.

A Gun Violence Restraining Order (GVRO) in California is a legal tool designed to prevent individuals who pose a danger to themselves or others from accessing firearms. It temporarily restricts a person’s right to possess or purchase firearms and ammunition when there is credible evidence that they are at risk of committing gun violence.

Overview of a Gun Violence Restraining Order (GVRO):

1. Purpose of the GVRO

• The GVRO aims to prevent gun violence by temporarily removing access to firearms from individuals who may be a threat to themselves or others, without involving criminal charges.
• It is a preventive measure, allowing law enforcement, family members, or certain others to act before violence occurs.

2. Who Can Request a GVRO

• Immediate family members: Including spouses, parents, children, siblings, and others who live with the individual.
• Law enforcement officers: They can request a GVRO based on an investigation and assessment of potential danger.
• Cohabitants: Individuals who live with the person at risk of committing gun violence.
• Employers, teachers, and co-workers can also request a GVRO if they believe the person is a threat.

3. Types of Gun Violence Restraining Orders

There are three types of GVROs, each with different durations and conditions:

• Emergency GVRO: Issued immediately by law enforcement and lasts for up to 21 days. It’s used when there is an immediate threat and no time for a court hearing.
• Temporary GVRO: A family member or law enforcement can file for this, and it lasts until a hearing is held (usually within 21 days). This order is requested through the court.
• Final GVRO: After a court hearing, the judge can issue a final GVRO, which can last for up to one year. It can be renewed if the threat continues.

4. What the GVRO Does

A Gun Violence Restraining Order:

• Requires the individual to surrender all firearms, ammunition, and gun parts to law enforcement.
• Prohibits the individual from purchasing or acquiring firearms and ammunition while the order is in effect.
• The person subject to the GVRO must surrender their firearms within 24 to 48 hours of being served with the order.

5. Filing Process

• Filing Forms: The petitioner (family, cohabitant, or law enforcement) must file the appropriate forms at the court, including a detailed explanation of why the individual is considered dangerous with access to firearms.
• Court Hearing: For temporary and final GVROs, a court hearing will be scheduled within 21 days of filing. Both the petitioner and the person subject to the order can present evidence.
• Order Issuance: The court reviews the evidence and decides whether to issue a GVRO.

6. Evidence Required

The person requesting the GVRO must provide evidence that the individual poses a serious risk if allowed to possess firearms. This can include:

• Threatening statements made by the individual.
• Violent behavior or actions indicating they might harm themselves or others.
• Mental health concerns or erratic behavior.
• Substance abuse issues tied to reckless use of firearms.

7. Duration and Renewal

• A final GVRO can last for up to one year and may be renewed if the court finds there is still a credible threat.
• The person subject to the order can request a court review to challenge or terminate the order before its expiration.

8. Violations

• If the individual violates the GVRO by keeping firearms, buying new ones, or otherwise breaking the terms, they can face criminal charges, including arrest and fines.

Conclusion:

A Gun Violence Restraining Order (GVRO) in California is a critical preventive tool designed to reduce gun violence by temporarily disarming individuals deemed a danger to themselves or others. It is a civil order, meaning it doesn’t result in a criminal record but offers swift action to prevent potential violence.

Workplace Violence Restraining Order

A Workplace Violence Restraining Order (WVRO) in California is a legal measure that protects employees from violence, harassment, stalking, or credible threats at work. Employers can request this restraining order on behalf of their employees if they believe a credible threat of workplace violence exists.

Overview of Workplace Violence Restraining Order (WVRO):

1. Purpose of the WVRO

• The WVRO is designed to protect employees from violence or threats of violence at the workplace, including physical assault, stalking, serious harassment, or threats.
• It enables employers to take legal action to prevent harm to their employees and maintain a safe work environment.

2. Who Can Request a WVRO

• Only an employer can file for a WVRO on behalf of an employee. This includes business owners, management personnel, and anyone with the authority to act on behalf of the company.
• Employees themselves cannot directly file for a WVRO, but they can ask their employer to do so. However, employees can file other types of restraining orders, such as civil harassment orders, individually.

3. What the WVRO Does

A Workplace Violence Restraining Order can provide the following protections:

• Prohibit the person (respondent) from contacting or harassing the employee at work or outside of work.
• Require the respondent to stay a certain distance away from the employee, their workplace, and sometimes their home.
• Prevent the respondent from making threats or engaging in any violent behavior towards the employee.
• In some cases, it can require the respondent to surrender firearms.

4. Types of Orders

• Temporary Restraining Order (TRO): This can be issued immediately (without a full hearing) to provide immediate protection for the employee. It lasts until the court holds a hearing, typically within 21 days.
• Permanent Restraining Order: After a court hearing, if the judge finds sufficient evidence, they can issue a permanent restraining order, which can last for up to 3 years.

5. Filing Process

• Filing Forms: The employer must file a Petition for Workplace Violence Restraining Orders (WV-100) and other related documents, detailing the incidents of violence or threats.
• Temporary Orders: Employers can request a temporary restraining order if immediate protection is needed. This is typically issued within one day.
• Court Hearing: A hearing is scheduled within 21 days to determine whether a permanent restraining order should be granted. Both the employer and the respondent (person causing the threat) will have a chance to present evidence.

6. Evidence Required

The employer must provide evidence that there is a credible threat of violence against the employee. Evidence can include:

• Written threats, emails, or text messages.
• Witness testimony from colleagues or security personnel.
• Police reports documenting previous incidents of violence or harassment.
• Security footage or other documentation showing violent or threatening behavior.

7. Duration and Renewal

• A Temporary Restraining Order (TRO) lasts until the court hearing, usually up to 21 days.
• A Permanent WVRO can last up to 3 years, and it can be renewed if the threat of violence remains.

8. Violations

• If the respondent violates the restraining order (e.g., by contacting the employee or coming near the workplace), they can face criminal charges, including fines, arrest, and imprisonment.

9. Relationship to Other Orders

• The WVRO specifically applies to situations where violence or threats occur in the workplace. It is distinct from civil harassment restraining orders (for non-workplace issues) and domestic violence restraining orders (for family or intimate partner violence).
• The WVRO protects only the employees named in the order. It cannot be used to prevent violence against customers or clients.

Conclusion:

A Workplace Violence Restraining Order (WVRO) is a critical tool for employers to protect their employees from potential harm at work. It provides immediate and long-term protection from violence, threats, stalking, and harassment, ensuring that the workplace remains a safe environment for employees. Employers should act quickly if they believe an employee is at risk, gathering evidence to support the filing.

School Violence Restraining Order

School Violence is for school officials to get when there’s risk of violence against students at a private college or university when the risk of violence is at the on campus.

A School Violence Restraining Order (SVRO) in California is a legal order designed to protect students, school staff, or other individuals in educational settings from violence, harassment, or credible threats of violence. It allows school personnel to take legal action to prevent acts of violence or threats at or near a school.

Overview of School Violence Restraining Order (SVRO):

1. Purpose of the SVRO

• The SVRO is meant to protect students, teachers, and other school employees from threats of violence or actual acts of violence at a school or school-related event.
• It serves as a preventive measure to maintain safety in educational environments by restricting the offender’s access to the protected individuals and the school itself.

2. Who Can Request a SVRO

• School authorities, such as administrators, principals, or other school officials, can file for a School Violence Restraining Order on behalf of a student or staff member.
• Parents or guardians of a student can request that the school file a SVRO to protect their child, but the order itself must be filed by the school.

3. What the SVRO Does

A School Violence Restraining Order can include the following protections:

• Prohibit the person (respondent) from contacting or harassing the student, teacher, or staff member.
• Require the respondent to stay away from the school or any location where school activities are held.
• Prevent the respondent from approaching or threatening the protected person at home, school, or any other location.
• In some cases, the SVRO can also require the respondent to surrender any firearms.

4. Types of Orders

• Temporary Restraining Order (TRO): If there is an immediate danger, the school can request a temporary order, which provides immediate protection. This order typically lasts until a full hearing, which is usually held within 21 days.
• Permanent Restraining Order: After a court hearing, the judge may issue a longer-term restraining order if they find that violence or credible threats exist. This can last up to 3 years and can be renewed if necessary.

5. Filing Process

• Filing Forms: School officials must file the appropriate paperwork with the court, such as the Petition for Orders to Stop School Violence (SV-100) and related forms.
• Temporary Orders: If immediate protection is needed, a Temporary Restraining Order (TRO) can be requested, often issued the same day as filing.
• Court Hearing: A court hearing is scheduled within 21 days of filing. At the hearing, both the school (on behalf of the protected person) and the respondent (accused) can present evidence.

6. Evidence Required

To obtain a School Violence Restraining Order, the petitioner (the school) must provide evidence showing a credible threat of violence or harm. Examples include:

• Threatening messages, such as texts, emails, or social media posts.
• Witness accounts of violent or threatening behavior.
• School reports documenting previous incidents of harassment or aggression.
• Police reports if law enforcement has been involved.

7. Duration and Renewal

• Temporary Restraining Orders (TROs) last until the court hearing, typically for up to 21 days.
• Permanent Restraining Orders can last for up to 3 years and can be renewed if the threat persists.

8. Violations

• If the respondent violates the SVRO by attempting to contact the protected person or approaching the school or other protected locations, they can face criminal penalties, such as fines, arrest, and imprisonment.

9. Relationship to Other Restraining Orders

• A School Violence Restraining Order specifically addresses threats or violence occurring in a school setting or involving school-related individuals.
• It is different from other types of restraining orders like Domestic Violence Restraining Orders or Workplace Violence Restraining Orders, as it focuses solely on school-related incidents and victims.

Conclusion:

A School Violence Restraining Order (SVRO) is a protective legal measure used to safeguard students, teachers, and other school personnel from threats or violence. It allows school administrators to act quickly to remove dangerous individuals from school grounds and restrict their contact with protected individuals, ensuring a safer environment in educational institutions