Restraining Orders
Ensuring Safety and Peace: Understanding Restraining Orders
California's judicial system is the intersection of justice and protection when it comes to restraining orders.
These are often one of two types: Domestic Violence Restraining Orders (DVRO) and Civil Harassment Restraining Orders (CHRO).
Domestic Violence Restraining Orders
Domestic Violence Restraining Orders (DVROs) require a domestic (or familial relationship) relationship between the parties and serve as a protection for individuals facing domestic violence within the confines of their intimate relationships. The gravity of such situations cannot be overstated. Common instances include physical abuse, threats, intimidation, and emotional coercion. These orders become a crucial tool for victims to escape harm. Specific Venue for Petitions: In California, the courts designated to hear DVRO petitions are tailored to protect the privacy and security of victims. They are fast-paced proceedings, recognizing the urgency of safeguarding those in imminent danger.
It's essential to note that DVROs are distinct from criminal cases (domestic violence) or criminal protective orders issued in such cases. Criminal charges are initiated by City or District Attorneys, often as a result of police reports or arrests, whereas DVROs are sought by individuals against other individuals. These orders do not require the commission of a crime but instead require a petitioner to demonstrate a pattern of conduct aimed at harassing, harming, or annoying the domestic victim without legal defense or justification.
Civil Harassment Restraining Orders (CHROs)
CHROs are the other shield against individual harassment and threats, when one is in a non-domestic relationship. These cases often involve neighbors, acquaintances, or strangers. CHROs are sought when individuals find themselves subjected to unwanted advances, stalking, or menacing behavior. Just like DVROs, CHRO petitions are heard in courts that understand the urgency of protection. The fast-paced nature of these proceedings reflects the need to swiftly address the harm faced by the petitioner.
The purpose of a Restraining Order is to ensure the safety and well-being of those who seek protection. When granted these orders often disallow contact, restrict proximity, and allow for the police or law enforcement to make arrests when they are violated.
Whether it's a Domestic Violence Restraining Order born from intimate relationships or a Civil Harassment Restraining Order arising from non-domestic situations, we at Dignity Law Group, APC are here to ensure that the law serves as a shield for those in distress.