4.1.1 Are there civil protection orders available to victims of domestic abuse?
Yes, the following civil protection orders are available:
- emergency protective order that lasts up to seven days
- temporary restraining order that typically lasts for 20 to 25 days
- permanent restraining order that can last up to five years
- criminal protective order or “stay-away” order: lasts during the criminal case and for three years after the conclusion of the case[10]
4.1.2 Who can petition for civil protection orders?
Married or registered domestic partners, divorced or separated, dating or those that used to date, living together or those that used to live together (but more than roommates), parents who share a child or those in close relations (parent, child, sibling, grandparent, in-law) can petition for a civil protection order.
4.1.3 Are there temporary custody of a child or child support orders?
Yes, the court may order a grant to the petitioner or exclusive care of a minor residing in the home of the petitioner or respondent.[11]
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?
Yes, the court may order a party to stay away from the family home, home of the other party or shared home.[12]
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?
N/A
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
Yes, as set out above.
4.1.8 Are ex parte orders permitted without the aggressor being present?
Yes, ex parte orders are permitted under the Family Code 6320-6361.
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
Yes, they cover the victim and any children.
4.1.11 Please provide any data or hyperlinks to government or NGO websites that include information on how often civil protection orders are issued, and any relevant demographics information, e.g., police reports, convictions, etc.
4.2.1 What documentation is needed to obtain a civil protection order?
Restraining order forms are required and these are available on the California Courts website.[13]
4.2.2 Does the victim need to attend a hearing?
For an emergency order, a judge may request to speak with the victim for more information, but this is not always necessary. For a temporary order hearing, the victim must attend.
4.2.5 Are there different rules in emergencies?
Yes, emergency orders do not require a hearing. Judges can issue these orders 24 hours a day and the order starts immediately. This allows the victim time to go to court to file for a temporary restraining order.