For survivors of domestic violence, navigating legal protections like protective orders can feel overwhelming. At Domestic Violence and Abuse Protection, Inc. (DVAP), we understand that every step toward safety is vital. If you are in Riverside, California, and enduring abuse, this guide will help you understand protective orders, how they work, and how to access the support you need.
Types of Protective Orders in California
California offers several types of protective orders, each tailored to specific needs. Understanding which option is right for you is essential.
- Emergency Protective Orders (EPOs)
An Emergency Protective Order is issued by law enforcement when they respond to a domestic violence incident. These orders provide immediate, short-term protection, usually lasting five to seven days. This gives a survivor time to file for a more permanent restraining order. - Temporary Restraining Orders (TROs)
Survivors can apply for a Temporary Restraining Order through the court, which typically lasts 20 to 25 days. TROs cover physical abuse, stalking, harassment, and threats. A hearing determines if the TRO should become a long-term restraining order. - Permanent Restraining Orders
If granted, these orders offer protection for up to five years (with the possibility of renewal). Permanent protective orders apply in cases where ongoing risk or abuse is established. - Criminal Protective Orders (CPOs)
Criminal cases of domestic violence may include Criminal Protective Orders issued by the state. These are issued to protect victims and witnesses from further abuse or intimidation by the offender. - Civil Harassment Restraining Orders
Although less common in domestic violence cases, these orders address harassment from someone who is not a close family member, such as a roommate or acquaintance.
Who Qualifies for Each Type?
California protective or restraining orders aim to protect individuals in abusive or dangerous situations. Survivors of domestic violence, sexual assault, stalking, or threats are eligible. Child victims or family members impacted by violence or abuse may also qualify. Additionally, restraining orders are not limited to spousal or partner relationships. They may include protection against former romantic partners, close family members, or cohabitants.
The Restraining Order Process
If you’re facing abuse in Riverside, California, the restraining order process may feel daunting. However, understanding the steps can empower you to take action.
- Filing the Petition
Complete the appropriate forms, which can typically be accessed online or through the court clerk’s office. Provide specific details about the abuse, including instances, dates, and any evidence. - Issuance of a Temporary Restraining Order
A judge may immediately grant a Temporary Restraining Order based on your petition. This order provides safety until a court hearing is held. - Attending the Hearing
Within about 20 days, you will attend a hearing where the court reviews your case. Evidence, testimonies, and statements are evaluated to decide on a permanent restraining order. - Service of the Order
Once granted, the restraining order must be served to the abuser. Law enforcement or designated individuals handle this step to ensure your safety. - Enforcement and Monitoring
The protective order becomes enforceable immediately. Violations should be reported to law enforcement, who uphold the terms of the order.
What Protections and Limitations Do Protective Orders Provide?
Protective orders are a critical tool in safeguarding survivors. They can restrict the abuser’s contact with you, enforce a physical distance between you and them, and even remove them from a shared residence. However, there are limitations. A protective order cannot ensure the abuser’s compliance—it requires enforcement by the authorities. Additionally, in severe or high-risk cases, survivors may need further resources or tools to maintain safety.
How DVAP Can Help
At DVAP, we know that restraining orders are one step in a larger safety plan. While they offer protection, some situations require additional resources, advocacy, or interventions tailored to survivors’ unique needs. We provide guidance through the entire legal process, including filing restraining orders, attending court hearings, and developing personalized safety plans.
Beyond legal assistance, we connect survivors to counseling, emergency shelters, and community resources in Riverside. No one should have to face abuse alone, and DVAP stands ready to ensure you have the comprehensive support you need.
Are You Experiencing Domestic Violence or Abuse? DVAP Is Here to Help
Domestic Violence and Abuse Protection, Inc. is a non-profit organization committed to protecting the victims of domestic abuse. When restraining orders are not enough, we are there to provide the determined protection you deserve. We are located at 3900 Orange St., Riverside, CA. Call us at (951)-275-8301 (24 hours). Alternatively, you can email us at admin@dvapriverside.org.
