California Protective Order

A criminal protective order protects a victim of a crime from further and future harm or harassment by an aggressor, usually the defendant in a criminal case.A CPO supersedes any other type of civil restraining order issued by a family court judge or civil order.

A civil harassment restraining order is a court order that helps protect people from violence, stalking, serious harassment, or threats of violence. You can ask for a civil harassment restraining order if: A person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed you, and.

When you go to court to apply for a restraining order, the clerk will give you a date, usually within three weeks, when you will have to come back to court for a full hearing.

Temporary restraining orders usually last between 20 and 25 days, until the court hearing date. When you go to court for the hearing that was scheduled for your TRO, the judge may issue a permanent restraining order. They are not really permanent because they usually last up to 5 years.

Request for Civil Harassment Restraining Orders (Form CH-100 ); Confidential CLETS Information (Form CLETS-001 ); Items 1 and 2 on Notice of Court Hearing (Form CH-109 ); Items 1, 2 and 3 on Temporary Restraining Order (CLETS -TCH) (Form CH-110 );

You can ask for a civil harassment restraining order if you are being harassed, stalked, abused, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews.

You may be required to pay for and participate in a counseling program for the prevention of domestic abuse. You may also find that the restraining order will show up on your record for up to five years following the expiration of the order.

If a defendant violates a CPO, the Protected Person should contact law enforcement personnel immediately. Violation of a CPO is a crime subject to a jail sentence of up to one year. Under certain circumstances repeated violations can lead to felony charges.

Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).