Restraining Order Overview
Domestic violence restraining orders (including temporary and emergency protective orders) can have a significant impact on your life. Although domestic violence restraining orders can lead to criminal prosecution if violated, the domestic violence restraining order process is governed by the California Family Code, beginning with section 6200. The family code sets forth the grounds for the issuance of a domestic violence restraining order, including an emergency restraining order. The family code also identifies the specific relationships that must exist between the parties before a domestic violence restraining order can issue.
Emergency protective orders are generally the first order issued. They are issued on an ex parte basis, meaning without your knowledge and without a present opportunity to challenge the allegations.
The law enforcement officer (the first responder) called to the scene of an alleged domestic violence incident makes a subjective determination, generally based on an alleged victim’s statement, whether grounds exist for the issuance of the emergency protective order. If the officer determines reasonable grounds exist, the officer will contact a judge who will also make a finding of whether grounds exist for the order. If the judge agrees with the officer that grounds exist for the restraining order, the judge will then issue the emergence protective order. If the person to be restrained is present, the officer will serve the emergence protective order on the alleged perpetrator.
Emergency protective orders are of limited duration. An emergence protective order can only remain effective for seven calendar days from the date it was issued. Once an emergency restraining order is issued it is common for the alleged victim to seek a permanent restraining order through the family court system.
Also, all restraining orders, whether emergency, temporary or permanent, will prevent an individual from owning, possessing or having custody or control of a firearm, parts of a firearm or ammunition. If you own a gun you will have to transfer or sell the gun to a licensed firearms dealer or temporarily transfer custody of the gun to law enforcement for the duration of the domestic violence restraining order.
But, more importantly, if the court finds domestic violence has been committed by one parent against the other parent, there is a rebuttable presumption that the parent who committed the domestic violence shall not be awarded sole or joint physical or legal custody of the parties minor child or children.
Contact Attorney Jacob Zamora
If you have been served with a request for a permanent restraining order and have questions, call the Sierra Law Center, APC, for a free, no-obligation consultation by calling 530-798-3548 or filling out the online contact form.