Restraining Orders 

Type of Order

Duration of Order

Who May Seek the Order

Criminal Protective Order in
Criminal Case Pursuant to
Penal Code §136.2

 
Lasts as long as the criminal proceeding, and can go up to the length of probation or a 10 year provision under § 646.9 (k)

Prosecutor
In order to protect victim/witness from intimidation/

Emergency Protective Order (Penal Code § 646.91 or Family Code § 6240 et.seq.)

No more than five (5) Court Days

Peace Officer (Police Officer):
Stalking, Domestic Violence, Child Abuse, Child Abduction, Elder or Dependent Adult Abuse, Civil Harassment and Workplace Violence.

Civil Harassment
(CCP §527.6)
Temporary Restraining Order

Permanent Restraining Order After Hearing

                                               
TRO can last 15 - 21 days until permanent hearing (sometimes longer if court is too busy to hear permanent matter within 21 days)

Up to 3 years

Injured party:  to prevent stalking/violence/harassment.

 
Workplace Violence   
 (CCP §527.8)
Temporary Restraining Order

Permanent Restraining Order after Hearing

15 - 21 days until permanent hearing (sometimes longer if court is too busy to hear permanent matter within 21 days)

Up to 3 years

Employer:  to prevent stalking workplace violence harassment.

Domestic Violence
Temporary Restraining Order
(Family Code§ 6200 et. seq . )
Permanent Restraining Order After Hearing

15 - 21 days until permanent hearing
Up to 5 years

Victim