In California there are two types of Temporary Restraining Orders or TROs: CIVIL HARASSMENT PREVENTION (CH-110) ANDDOMESTIC VIOLENCE PREVENTION (DV-110). If you have been served with either a Civil Harassment TRO or a Domestic Violence TRO, contact Orange County Criminal Attorney immediately for a free consultation and case evaluation.
CIVIL HARASSMENT TRO–California Code of Civil Procedure section 527.6 provides that a person who has suffered harassment may seek a temporary restraining order and an injunction prohibiting harassment. CCP 527.6(b)(3) defines harassment as “unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose.
DOMESTIC VIOLENCE TRO–California Family Code sections 6211 defines domestic violence as “abuse” perpetrated against any of the following persons: a spouse or former spouse, a cohabitant or former cohabitant, a person with whom the respondent is having or has had a dating or engagement relationship, or a person with whom the respondent has had a child.
“Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, or placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
Family Code section 6320 allows the court to issue a temporary order prohibiting a party from “molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, destroying personal property, or contacting directly or indirectly or coming within a certain distance of another party.
Under certain circumstances, the judge can even order you to move out of your residence! This called a “move out order” or “kick out order” and if granted reads: “you must take only personal clothing and belongings needed until the hearing and move out immediately.”
The domestic violence restraining order also prohibits you from owning or possessing any firearms. You will be required to either sell your firearms or turn them into a law enforcement agency.
If you are served with a Domestic Violence Restraining Order or DV-110, or a Civil Harassment Restraining Order or CH-110, please call Orange County Criminal Attorney immediately to schedule a free consultation.