Restraining orders are critical legal tools in California to protect individuals from harm or harassment. However, the legal remedies differ based on the relationship between the parties involved.
Domestic Violence Restraining Orders (DVROs) address threats or harm within intimate or familial relationships, while Civil Harassment Restraining Orders (CHROs) protect against harassment from individuals outside these relationships.
Understanding the distinctions between these two legal protections is essential for both victims and legal practitioners.
Overview of Restraining Orders
Under California law, restraining orders are issued by courts to prevent individuals from engaging in threatening, abusive, or harassing behavior toward others. Two common types are DVROs and CHROs, each with unique criteria and legal frameworks.
Types of Restraining Orders
- Domestic Violence Restraining Orders (DVROs)
Designed to protect victims of abuse within close personal relationships.
- Civil Harassment Restraining Orders (CHROs)
Applicable to individuals with no intimate or familial ties to the victim.
Legal Framework
- DVROs
Governed by California Family Code § 6203 and § 6211, which define abuse and eligible relationships.
- CHROs
Governed by California Code of Civil Procedure (CCP) § 527.6, focusing on harassment and alarming conduct outside close relationships.
Domestic Violence Restraining Orders (DVROs)
DVROs are designed for individuals threatened or harmed by someone with whom they share a close personal relationship, such as a spouse, domestic partner, or relative.
Eligibility
A DVRO is available to individuals in:
- Intimate relationships: Spouses, domestic partners, or current/former dating partners.
- Family relationships: Parents, children, siblings, or cohabitants.
Legal Framework
Section 6203 of the California Family Code defines “abuse” as:
- Inflicting physical harm or injury.
- Making threats of violence.
- Harassment or stalking.
Purpose
DVROs aim to protect victims from immediate and ongoing harm by someone they share an intimate or familial bond with. They are preventive measures to ensure the victim’s safety.
Duration
- A Temporary Restraining Order’s (TRO) normal term is 21 days.
- Permanent DVRO: Valid for up to 5 years, with the possibility of renewal.
Civil Harassment Restraining Orders (CHROs)
CHROs are designed to address harassment by individuals with whom the victim has no close personal relationship.
Eligibility
CHROs apply to situations involving:
- Non-intimate parties: Neighbors, roommates, acquaintances, strangers, or distant relatives.
Legal Framework
According to California Code of Civil Procedure (CCP) § 527.6, the governing statute, harassment is defined as:
- Unlawful violence.
- Credible threats of harm.
- Activity that is alarming, annoying, or harassing without a valid reason.
Purpose
CHROs serve to protect victims from harassment or threats when there is no familial or intimate relationship between the parties. They ensure that individuals cannot engage in conduct that interferes with another’s safety or peace of mind.
Duration
- Temporary CHRO: Lasts for 15–21 days.
- Permanent CHRO: Valid for up to 3 years, renewable as needed.
Table on Key Legal Differences Between DVROs and CHROs
| Aspect | Domestic Violence Restraining Orders (DVROs) | Civil Harassment Restraining Orders (CHROs) |
|---|---|---|
| Applicable Relationships | Intimate or familial relationships (spouses, partners, relatives). | Non-intimate relationships (neighbors, acquaintances, strangers). |
| Eligibility | Spouse, partner, family members. | Neighbors, acquaintances, strangers. |
| Court | Family Court. | Civil Court. |
| Governing Law | Family Code of California, Sections 6203 and 6211. | California Code of Civil Procedure § 527.6. |
| Definition of Abuse | Physical harm, threats, harassment, stalking. | Violent crimes, believable threats, or frightening or bothersome behavior. |
| Purpose | Defend the victim from mistreatment or threats from a family member. | Stop harassment when there is no close personal relationship. |
| Acts Covered | Physical harm, threats, stalking. | Harassment, credible threats, violence. |
| Burden of Proof | Preponderance of Evidence. | Clear and Convincing Evidence. |
| Forms Required | DV-100. | CH-100. |
| Duration (Temporary) | Up to 21 days. | Up to 15–21 days. |
| Duration (Permanent) | Up to 5 years, renewable. | Up to 3 years, renewable. |
| Evidence Standard | Preponderance of Evidence. | Clear and Convincing Evidence. |
| Penalties for Violation | Penal Code § 273.6 (Misdemeanor/Felony). | Penal Code § 273.6 (Misdemeanor/Felony). |
| Filing Court | Family Court. | Civil Court. |
Evidence and Burden of Proof
Evidence for Domestic Violence Restraining Orders (DVROs)
A DVRO applies to cases involving intimate or familial relationships, such as spouses, partners, or close relatives. Evidence required includes:
- Text messages: Texts containing threats or foul language.
- Emails: Correspondence that supports claims of harassment or violence.
- Police reports: Official records of reported abuse incidents.
- Witness affidavits: Statements from individuals who observed or were aware of the abuse.
Evidence for Civil Harassment Restraining Orders (CHROs)
CHROs cater to individuals outside intimate relationships, such as neighbors or acquaintances. Evidence may include:
- Threatening messages
Written or recorded threats.
- Photographs
Visual proof of harassment or physical damage.
- Witness statements
Testimonies corroborating harassment claims.
Burden of Proof
- DVROs
Depends on the preponderance of the evidence, which states that there must be a greater likelihood than not that abuse took place..
- CHROs
Demands more proof and an additional stringent bar for clear and compelling evidence.
These evidentiary distinctions highlight the different thresholds for granting these orders.
Legal Penalties for Violating Restraining Orders
Penal Code § 273.6
In California, breaking a restraining order is a serious crime. Depending on the circumstances, violators may face misdemeanor or felony charges, leading to:
- Jail time
Up to one year for a misdemeanor; longer sentences for felonies.
- Fines
Monetary penalties can range from $1,000 to higher amounts depending on damages caused.
Enforcement
Local law enforcement agencies play a critical role in enforcing these orders. They can intervene immediately if the order is violated, ensuring the victim’s safety and upholding the court’s mandate.
Filing Process
The filing processes for DVROs and CHROs differ significantly due to the nature of the relationships involved.
For Domestic Violence Restraining Orders (DVROs)
- File in family court, focusing on cases involving intimate partners or family members.
- Fill out the Domestic Violence Restraining Order form (DV-100).
- Until the hearing date, the court may issue a temporary restraining order (TRO).
For Civil Harassment Restraining Orders (CHROs)
- File in civil court, typically involving non-intimate relationships.
- Submit Form CH-100 (Request for Civil Harassment Restraining Order).
- A court hearing will determine whether the order becomes permanent.
Court Hearing Process
Both types require the petitioner to attend a hearing, where the judge examines evidence and hears testimony. Having legal counsel can increase the likelihood of a successful outcome.
Resources for Assistance
Navigating restraining orders can be overwhelming. Fortunately, numerous resources are available to assist petitioners.
- California Courts Self-Help Center
Provides detailed guides on forms and procedures, ensuring clarity during the process.
- Local legal aid organizations
Offer free or low-cost assistance to individuals seeking restraining orders.
- Domestic violence shelters
Provide immediate protection and resources for victims of domestic violence.
- Family law facilitators
Host free workshops to help individuals understand and file restraining orders.
These resources play a pivotal role in supporting victims and ensuring their safety.
Conclusion
Domestic Violence Restraining Orders (DVROs) and Civil Harassment Restraining Orders (CHROs) are essential tools in California’s legal system, each tailored to specific relationships and circumstances.
DVROs protect individuals from abuse within familial or intimate connections, while CHROs address harassment from non-intimate parties.
Understanding the legal framework, evidence requirements, and filing processes is critical to obtaining protection. By seeking legal guidance and utilizing available resources, victims can take empowered steps toward safety and justice. If you or someone you know is facing abuse or harassment, consult a qualified attorney or visit your local self-help center to explore your options.