Restraining Orders: Domestic Violence Series Part 4
Domestic Violence Protective Orders
A protective or restraining order is a judicial decree making it a crime for the restrained person to defy the terms in the order. There are both civil and criminal protective orders.
Civil Protective Orders
A civil restraining order is obtained by one side of the relationship (ex parte) often on an emergency basis to prevent the restrained person from harassing, disturbing or contacting the person obtaining the order. The order can also direct the restrained person to stay away from a home, vehicle or school and can control who will live in the home, who is to possess certain personal property (cars, animals, etc.) and who may have child custody and visitation rights. (See Family Code Section 6200 et seq.) To obtain the order, the applicant must show that she is in immediate and present danger of domestic violence based a recent incident of abuse or threatened abuse by the person to be restrained. (Family Code Section 6250(a).) Note that the violation of a civil restraining order is a misdemeanor. (See Penal Code Section 273.6(a).)
You can access a Temporary Restraining Order form DV-110 here:
You can access an Answer to Temporary Restraining Order form DV-120 here:
Criminal Protective Orders
The judge in a domestic violence case may issue a criminal protective order to protect the alleged victim from further abuse. Such an order can enjoin contact and/or communication between the parties, prevent the defendant from intimidating the alleged victim, and can even require law enforcement to provide protection for a witness or alleged victim in the case. (See Penal Code Section 136.2(a)(1)-(7).
Peaceful Contact Orders
A peaceful contact order is a form of a criminal protective order allowing the defendant to make “peaceful contact” with the alleged victim only for the safe exchange of children as directed in prior or subsequent family court orders.
Restraining Orders and Firearms
All restraining orders (civil and criminal) issued in domestic violence cases must prohibit the defendant from possessing, purchasing receiving or attempting to purchase or receive firearms. Additionally, a defendant must turn over all firearms he owns or possesses to the police or sell them to a registered dealer within 24 hours of the issuance of the order. (See Penal Code Section 136.2(a)(7)(B)(i), (d); Family Code Section 6389(c).) If you turned your firearms over to the police due to a restraining order and you are now eligible to possess them again, you can complete the following gun release application to get your firearms back: Gun Release Application
~Dan Koukol, Placer County Criminal Defense Attorney
Tags: 243, 273.5, criminal, domestic, federal, gun release, Restraining Order, violence