A person who has been harassed or put in danger by another individual may wish to take out a restraining order. There are several types of restraining order which can apply in different circumstances, all of which are designed to protect the applicant from further harm.

The following article takes a look at the different types of restraining order and the ways in which they protect those who take them out. It will also explore the bail options for defendants who have been accused of breaching a restraining order in California.

What is a restraining order?

A restraining order is a protective order issued by a court with the intention of protecting an individual from harm or harassment by another party. A person may take out a restraining order if they have been the victim of threats, abuse, or physical abuse from a particular person. The order is designed to prohibit the defendant in question from a designated course of action, such as approaching or contacting the person who has applied for the order. These are often taken out in situations involving domestic violence, but can also apply to workplace violence, elder abuse and civil harassment amongst other circumstances.

In these situations, the protected party is referred to as a protected person, while the defendant in question is referred to as a restricted person. There are many reasons a person may take out a restraining order, with the ultimate aim of keeping them safe from harm. In doing so, they will have to provide evidence of the perpetrator’s actions. Although a restraining order generally applies to one protected person, in some cases it may refer to more than one party, for example the children of the protected person.

Although the exact restrictions will depend on the particular type of restraining order, it generally requires the restricted person to refrain from all forms of contact with the protected party, including face-to-face interactions, phone calls, messages, and social media.

What types of restraining orders are there?

There are various types of restraining order, each designed to protect the applicant from a different form of harm. The four types of protective order in California are as follows:

  • Domestic Violence Restraining Order
  • Civil Harassment Restraining Order
  • Elder or Dependent Adult Restraining Order
  • Workplace Violence Restraining Order

By far the most common restraining order taken out in California is the Domestic Violence Restraining Order. These are most often taken out against partners or ex-spouses to warn the accused against threats, abuse or harassment. But they can also be taken out against other family members and relations. 

In addition to these four categories, California law issues three different levels of restraining order, depending on the urgency of the situation.

These are as follows:

Emergency Restraining Order

An emergency restraining order is necessary when the protected person is in severe danger and needs immediate relief from the defendant. This is common in domestic violence situations, and the alleged perpetrator will have no involvement in the decision - they will simply be given notice to stay away from the victim. Violation could result in jail time.

Temporary Restraining Order

Seeking a full restraining order can take time and can in some cases be denied due to insufficient evidence. A temporary restraining order gives the applicant immediate protection in the interim. This order only lasts a short period of time, usually between 15 and 21 days.

Full Restraining Order

While the emergency and temporary orders offer short-term protection, a full restraining order can last a long time. Potentially up to five years if deemed necessary by a judge.These orders will specify a list of restricted actions from which the restricted party is prohibited.

What happens if you violate a restraining order?

If you have had a restraining order taken out against you, there will be serious consequences for its violations. This is the case regardless of whether or not you believe the order to be just. It is a court order bound by federal and state laws, so violation could land you with a number of possible charges, including the possibility of jail time.

How much is the bail amount for a restraining order violation?

If you are arrested for violating a restraining order, you may well have the option to post bail. This means you will pay a designated amount to be temporarily remanded from custody while you await a hearing.

The exact bail amount for a restraining order violation will depend on a number of factors. When determining the amount, the judge will consider the alleged victims. If anyone was harmed during your restraining order violation, or suffered any injury whatsoever, the amount is likely to be set much higher in order to protect the victims and keep the restricted party behind bars. Bail will also be set higher if you are considered to be a flight risk. This is likely to be the case if your crime is deemed to be extreme, or if you have a history of evading the police.

Restraining order violation bail bonds in California generally start at about $15,000, although this figure will vary according to the circumstances. If you are arrested for a violation of a court order, there will be a hearing to determine the bond amount.

Get in touch

If you, or a family member, has been arrested for the violation of a restraining order, we can help. Bail amounts can vary depending on the situation, and we can help you with posting bail for protective orders.

At San Diego Bail Bonds, we understand the hardships you may be going through and are committed to providing fast and thorough service to our clients. Get in touch to discuss your bail options and minimize the time you spend away from your loved ones.