California Protective Orders Laws
In most states, including California, protective order laws often come into play in domestic violence cases. Such court orders state that an abusive spouse, for example, may not come within a stated distance of a named individual for a period of time. In California, protective orders (also called "restraining orders") may be in place for up to three years but may be made permanent in some cases.
The basic provisions of California protective order laws are listed in the table below. See Domestic Violence: Orders of Protection and Restraining Orders for more information.
|Code Section||Family Code 6240, et seq.; 6320, et seq.; Penal 273.6|
|Activity Addressed by Order||Enjoining contact; excluding from dwelling; enjoining specific behavior; regarding minor child: custody, visitations. Penal code: any person who has domestic abuse perpetrated against him/her as shown by affidavit of reasonable proof|
|Duration of Order||Emergency order: the earlier of the close of the 5th business day after issue or 7 calendar days. Others: 3 year maximum unless extended by office or parties stipulate to permanent order|
|Penalty for a Violation of Order||1 year and/or $1,000; with physical injury: $2,000 or 30 days to 1 yr. in jail or both; subsequent conviction: $2,000, 6 mos.-1 yr. jail, or both, or state imprisonment|
|Who May Apply for Order||Spouse, cohabitant, fiance/fiancee, parent of one's child, blood relations.|
|Can Fees Be Waived?||-|
|Order Transmission to Law Enforcement||By the close of business on day of issuance; local law enforcement agency must notify Department of Justice for domestic violence protective order registry|
|Civil Liability for Violation of Order||-|
Research the Law:
- California Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Related Resources for Protective Orders Laws: