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.
What Can the Court/Law Enforcement Do to Protect Me?
The court can order law enforcement within its jurisdiction to protect you and your immediate family members who live with you. Sometimes the court will protect family members who live reasonably close to your home.
What Can I Do If the Defendant Refuses To Follow the Protective Order?
If the defendant does not follow the order, call the police immediately. The restrained person can be arrested and charged with a misdemeanor, a felony, or a contempt of court. Taking or concealing a child in violation of the order may be a felony and punishable by confinement in state prison, a fine, or both. Traveling across state or tribal boundaries with the intent to violate the order may be punishable as a federal offense under the Violence Against Women Act.
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: