Everything You Need To Know About Restraining Orders in California
September 28, 2026 | Nafiz M. Ahmed
In California, a restraining order is a court order that restricts a person’s conduct to protect another person or group of people. Depending on the order, it may require someone to stay away, stop contacting another person, move out of a shared home, or give up firearms and ammunition.
What Types of Restraining Orders Are Available in California?
California recognizes several different types of restraining orders, each designed for a different relationship or situation.
Available types of restraining orders include:
- Domestic violence restraining orders: Used when the parties are or were in an intimate relationship or are closely related. These orders can last up to five years.
- Civil harassment restraining orders: Cover situations involving people who are not close family members and have not had an intimate relationship, such as neighbors, coworkers, acquaintances, and some roommates.
- Elder or dependent adult abuse restraining orders: Protect adults age 65 or older and qualifying dependent adults from physical, emotional, financial, or other abuse.
- Workplace and school violence restraining orders: Employers may request workplace violence restraining orders to protect employees, while certain officials at postsecondary schools may request school violence restraining orders to protect students.
- Gun violence restraining orders: Prevent a restrained person from possessing, purchasing, or receiving firearms, ammunition, magazines, firearm parts, and body armor.
- Retail crime restraining orders: Allow qualifying businesses to seek protection in certain repeat retail-crime situations, a newer category aimed at organized retail theft.
The right type of restraining order depends on the relationship between the parties and the circumstances involved.
What Is a Criminal Protective Order?
A criminal protective order is issued as part of a criminal case rather than through a separate civil restraining-order proceeding. It may restrict contact with an alleged victim or witness while the criminal case is pending and can impose stay-away or firearm restrictions.
What Is an Emergency Protective Order?
An Emergency Protective Order (EPO) is different from a civil restraining order requested directly by an individual. A law enforcement officer asks a judge for an EPO when someone needs immediate protection, most commonly at the scene of a domestic violence call, and judges are available to review these requests at any time.
An EPO typically lasts only five to seven days. It may include no-contact orders, stay-away orders, move-out orders, and firearm and ammunition restrictions. It gives the protected person time to go to court and request a longer-term restraining order through the normal process.
What Is the Difference Between a Temporary and Permanent Restraining Order?
A temporary restraining order (TRO) may be issued quickly, often the same day it’s requested, and before the restrained person has a chance to respond. The restrained person is then served with the petition, the temporary order, if one was granted, and notice of a court hearing. The hearing gives both sides an opportunity to present their positions.
Each side may present evidence, witnesses may testify, and the judge decides whether a longer-term order should be issued. Many long-term California civil restraining orders can last up to five years.
What Happens if Someone Files a Restraining Order Against You?
You should receive court papers explaining who requested the order, what allegations were made, whether a temporary order was granted, what restrictions currently apply, and when the court hearing will take place.
You must follow any temporary order immediately once it’s legally enforceable, even if you believe the allegations are false. Knowingly violating an enforceable temporary order can lead to separate criminal charges, even if the court later declines to issue a longer-term order.
Also, do not skip the hearing. Ignoring it allows the judge to issue a longer-term order without ever hearing your side.
Is Violating a Restraining Order a Crime in California?
Yes. A knowing and intentional violation of many California restraining orders is a criminal offense. A first violation under Penal Code § 273.6 is generally a misdemeanor carrying up to a year in jail, a fine of up to $1,000, or both.
Repeat violations, or violations involving violence, credible threats, or physical injury, can carry more serious consequences and may be prosecuted as felonies in some circumstances.
Contact Ahmed & Sukaram, Criminal Defense Attorneys To Schedule a Confidential Consultation With a San Jose Criminal Defense Attorney
A defense attorney in San Jose, California, can prepare your written response, gather the evidence and witnesses that tell your side, and represent you at the hearing where the long-term order gets decided. A restraining order can affect where you live, whether you can see your children, your gun rights, and your future in general.
Don’t walk into the hearing unprepared. Contact Ahmed & Sukaram, Criminal Defense Attorneys today to schedule a confidential consultation with a San Jose criminal defense lawyer.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500