In the State of California, there are several types of restraining orders available to protect those in fear of violence or threats from another person. A restraining order prohibits one party from having certain contact with another person, once specific evidence has been shown that the protected party is in some sort of danger from the restrained party.
A restraining order is issued by a judge and should not be issued lightly or without sufficient evidence that protection is needed. For a restraining order, the person desiring protection must first request an application from the court clerk at the courthouse in their county. To find the courthouse and contact information for each county in California, please visit this website.
Notification of a Hearing for a Restraining Order
After the application has been filled out and received by the county clerk, a hearing date will be scheduled. It can often take three weeks or a month for a hearing to be held regarding a protective order. If a person feels that they need immediate protection, they may ask the judge to grant an emergency protective order that will go into effect until the full hearing can be held and a more formal protective order issued.
Notice of the protective order hearing must be served to the subject of the hearing by someone other than the person filing for protection. Both parties may appear for the hearing, but the filing party MUST appear. If the filing party fails to appear for the protective order hearing, the case will be thrown out and the protective order denied.
If the person filing for the protective order is unable to have the notice of hearing delivered to the subject of the hearings because he or she is avoiding the deliverance, a judge can authorize alternative methods of service, including:
- Service by publication - a summons is published in the newspaper determined most likely to be seen and a copy mailed to the last known address of the served party.
- Service by mail - a copy of the hearing notice can be mailed to the last known address with a return receipt requested.
- A copy of the court papers may be delivered to someone over the age of 18 at the served party’s last known address or place of work. After this delivery, a second copy must be mailed to the address where the delivery was made.
Proof of delivery is required using a proof of service form that shows the judge that the paperwork was delivered.
Restraining Order Hearings
Once the hearing is held, the person requesting the order of protection must appear for the hearing and convince the judge that there is sufficient evidence of abuse, threat of abuse, or harassment to warrant the issuing of a restraining or no-contact order between the parties.
Restraining Orders In California
If a restraining order is issued, each order will contain specific information regarding the type of contact that is prohibited. Sometimes only physical contact is prohibited and other times even phone calls or emails will be a violation of the restraining order. If you are the subject of a restraining order, read the entire order carefully to ensure that you understand all of the restrictions you’ve been ordered to observe.
What is a restraining order?
A restraining order, also called a protective order or no-contact order, is issued by a court to protect someone from being physically, sexually, or emotionally abused, threatened, stalked, or harassed. The person protected by the order is called the “protected person,” while the other party is the “restrained person.” Occasionally, restraining orders will cover other “protected persons,” as well as the primary person. These additional protected persons might include children or family members of the protected person.
Activities that are commonly prohibited by a protective order include:
- Contacting, calling, or sending emails or other messages between the protected person and the restrained person.
- Disturbing the peace of the protected persons.
- Harassing the protected person.
- Destroying the personal property of the protected person.
- Attacking, striking, or battering the protected person.
- Stalking or threatening the protected person.
Stay Away Orders
Stay Away Orders include prohibitions on how close the restrained person is permitted to be to the protected person. Generally, specific distances are outlined defining how far away a restrained person must stay, such as 50 or 100 yards from the protected person and any other persons or places specifically named in the order.
When are restraining orders issued?
Restraining orders, or no-contact orders, are issued when a judge is convinced that there is sufficient evidence of abuse or harassment to warrant an order of protection.
Types of Restraining Orders
There are several types of restraining orders issued in California.
- Domestic Violence Restraining Order
- Civil Harassment Restraining Order
- Gun Violence Restraining Order
- Elder or Dependent Adult Abuse Restraining Order
- Workplace Violence Restraining Orders
The most common is a domestic violence restraining order, or DRVO, in which the parties are or have been involved in a dating or familial relationship before the order requested.
Domestic Violence in California and Restraining Orders
California domestic violence laws state that it is illegal to use physical force or make threats of harm against an intimate partner. An intimate partner includes a spouse, former spouse, girlfriend, boyfriend, former girl- or boyfriend, someone you date or used to date, same-sex partner, a person you live and have an intimate relationship, or used to live and have an intimate relationship, or someone with whom you have a child. In other words, if you have, or have ever had, romantic feelings for or an intimate relationship with someone and then become involved in any kind of force, you could be charged with domestic violence charges, and not just simple battery.
Legal Definition of Domestic Violence
PC 273.5 says that it is illegal to inflict “corporal punishment” that results in an injury, no matter how slight. That means if you strike another person who is, or was, an intimate partner, and leave a mark, you have violated PC 273.5 and can be charged with domestic violence.
PC 243 (3)(1) makes it a misdemeanor crime to use force against an intimate partner. In this case, a visible injury is not necessary, just the act of force.
When domestic violence is charged in California, it is common for the victim to file for an order of protection against the perpetrator. Judges are generally inclined to grant the order, providing protection for the alleged victim as the charges of domestic violence are processed and the full facts can be discovered.
Domestic Violence Restraining Orders (DVRO)
When a person has been the victim of domestic violence, they can petition the court for an order of protection against their abuser. An adult partner can file for a domestic violence restraining order on their own behalf or on behalf of a minor child. In cases where domestic violence is a factor, the restraining order is often called a domestic violence restraining order or DVRO.
Restraining orders in same-sex relationships
In California, a person may file for a restraining order against a partner in a same-sex relationship exactly the same as a person filing in a heterosexual relationship. As long as the relationship meets the statutes defined for domestic violence, meaning that the people involved have or have had a dating or intimate relationship, one partner can file for a restraining order against the other if they believe themselves to be in danger of domestic violence.
How long does a restraining order last?
A judge can grant the restraining order for as long as they deem necessary, up to five years. The length of time that a judge will grant for a restraining order will depend on the factors of the case. It is important to read your restraining order carefully to be sure you are fully aware of the stipulations it contains.
How Much Is Bail For Violating A Restraining Order?
The amount of bail required for violating a restraining order can be as much as $10,000 if the violation is charged as a felony. There may be other charges filed in addition to the violation of the restraining order, for which bail will have to be paid to get out of jail.
When bail is more than a person can easily produce, the services of a bail bondsman may come in handy. A bail bondsman can arrange a bond, rather than cash bail, in exchange for a non-refundable fee, generally 10% of the full cost of bail.
Each person who is arrested, whether for restraining order violations or another charge, is allowed to post bail to get out of jail and back home to prepare for the upcoming court case. The bail schedule is available at each booking facility and county jail or it can be located online.
Bail is an amount of money deposited with the court to secure a person's release from jail until their legal case can be resolved. Once a person has paid their bail to the court, the court will hold the money and allow the defendant to return home to work and family, until their legal proceedings come to a close. The bail schedule outlines the amount of bail required for each offense. To understand the full amount of bail that will be required to secure someone's release, you must know all of the charges against the defendant and add all of the bail amounts together.
Once the legal process has been completed, whether convicted or not, the money used for bail is returned to the person who posted it with the court. If a friend or family member posts bail with the court system, then the money is returned to the person who posted it.
Restraining Order Violation Bail Bonds in California
Many times the amount of money required for bail is more than someone can conveniently come up with. If you don't have friends or relatives from whom you can borrow the money for bail, you may need to enlist the help of a bail bondsman like Mr. Nice Guy Bail Bonds. Mr. Nice Guy and his team of licensed, professional bail bondsmen can help you negotiate the bail process and get out of jail fast.
A bail bondsman will pay the bail on your behalf, and you pay the bondsman a fee, usually 10% of the total cost of bail. When the case is resolved, the court will return the money to the person who paid it, in this case the bail bondsmen. He keeps the fee as payment for helping to secure bail more quickly and for assistance to the court in tracking and ensuring the compliance of defendants who are out on bail.
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What is bail for restraining order violations?
The amount of money required for bail for restraining order violations varies by county. The amount of bail is set by the courts in each county and every county has a standard bail schedule available at each jail or booking facility. The bail schedule can also be located online by performing an online search for “bail schedule for ____ County.”
In many cases, more than one charge will be filed against an individual, or additional enhancements to the original charge may be filed, as well. In most counties, each charge and enhancement will carry its own bail requirement. Each of these amounts will have to be added together to find the total amount of bail required for violating a restraining or no contact order.
The amount of bail required for restraining order violations can easily reach ten thousand dollars. This is when the assistance of a bail bondsman can be most helpful. A bail bondsman can arrange a bail bond in place of bail. This costs a fraction of the full cost of bail, usually 10%. The bail bond fee is non-refundable and reimburses the bail bondsman for the role they play in ensuring that defendants appear for hearings and abide by the conditions of their pretrial release.
How does bail work?
In California, when you've been charged with a crime, you'll need to post bail in order to get out of jail while you await your charges. The court will hold the amount of bail money that you've deposited with them and return it to you when your case has reached its close.
Best Rates on Bail Bonds for Restraining Order Violations
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While the rate for bail bonds is set at the State level (10% in most cases) there are discounts available and Mr. Nice Guy Bail Bonds will work hard to find every discount available to you.
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