A restraining order issued in California can be enforced anywhere in the United States. A restraining order issued out-of-state is valid in California and should be registered with a California court so that it can be used in other court proceedings.
Once the court issues a restraining order, the order is entered into a statewide computer system known as the California Law Enforcement Telecommunications System (CLETS) that can be accessed by all law enforcement officers.
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California Restraining Order
A California Restraining Order can be either a domestic violence restraining order, a civil harassment restraining order, an elder restraining order or a criminal restraining order.
Domestic Violence Restraining Orders
A California domestic violence restraining order is a court order issued by a California court to protect a party who is in a close relationship with another who has become abusive. The protected party must have suffered abuse or threatened with abuse from someone who is in a close relationship with the protected party; spouses, former spouses, boyfriends, girlfriends, and family relatives.
Civil Harassment Restraining Order
A California civil harassment restraining order is a court order issued by a California court to protect one party from violence, stalking, serious harassment, or threats of violence. The protected party must have suffered some sort of violence or a threat of violence from another party; neighbor, roommates, coworkers, or distant family member.
Elder or Dependent Adult Restraining Order
A California elder abuse restraining order is a court order issued by a California court to protect a person who either over the age of 65 or, is younger adult dependent. The protected party must have suffered some sort of violence or a threat of violence from another party; neighbor, roommates, coworkers, or distant family member.
Emergency Protective Order
A California emergency protective order is issued when a law enforcement officer makes a request to a judge. The emergency protective takes effect immediately and can last up to 7 days. This often occurs when a police officers respond to a call for domestic violence. The judge can order the abusive person to leave the home and stay away from the victim and any children.
Temporary Restraining Order
A California temporary restraining order is issued when a person makes a court appearance and requests a California domestic violence restraining order. Temporary restraining orders last until the Court hearing at which time a judge will decide whether or not to issue a permanent restraining order.
Permanent Restraining Order
A California permanent restraining order can be issued when you appear in court for a hearing on a temporary restraining order. The judge can issue an order that will restrain the abuser for up to 3 years. Upon termination, the protected person can make a request for a new restraining order.
Criminal Protective Order
A California criminal protective order is also known as a stay-away order. These orders are requested by the District Attorney who is filing criminal charges against a defendant for a domestic violence incident.
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