Restraining Orders

In both a temporary ex parte order¹ and a final order, the judge can order the respondent to:

1. stay away from the victim and specific family/household members;
2. stay away from the victim’s workplace, home, school, car, and his/her children’s school or daycare;²
3. not contact the victim directly or indirectly, including by phone, mail, e-mail, texts, or other communication;
4. not violate the law called “Telephone calls or contact by electronic communication device with intent to annoy;”
5. not commit the following acts against the victim:

• harass, intimidate, bother (molest), threaten, stalk;
• physically abuse;
• sexually assault; and
• destroy personal property or disturb his/her peace; and

6. do anything else that the judge believes is necessary to keep the victim safe.³

The judge has the option of applying the above protections to the victim’s family or household members and other employees at the victim’s workplace(s) if the employer proves that there is a good reason (“good cause”) to do so.⁴

Note: It is illegal under California law for the respondent to have a firearm while this order is in effect.⁵ For more information, see What happens if the respondent has a gun after the order is issued?

¹ Cal.C.C.P. § 527.8(e)
² See Petition for Workplace Violence Restraining Orders
³ Cal.C.C.P. § 527.8(b)(6)
⁴ Cal.C.C.P. § 527.8(d)
⁵ Cal.C.C.P. § 527.8(s)(1)