What Proof Do You Need to Get a Restraining Order in California?
Show me the proof!
The proof required for a restraining order in California depends on the type of order requested. Domestic violence, civil harassment, and elder abuse restraining orders have different legal requirements and burdens of proof.
Evidence may include testimony, text messages, emails, photographs, videos, medical records, financial records, and witnesses. A police report or physical injury is not always required. In some cases, credible testimony alone may be sufficient.
Temporary Orders Versus Permanent Orders
A temporary restraining order is usually decided based on the petitioner’s written declaration before the respondent has presented evidence. The petitioner generally must provide reasonable proof of past abuse or harassment. A civil harassment petitioner must also show that great or irreparable harm may occur without temporary protection.
At the full hearing, both sides may testify, present evidence, call witnesses, and cross-examine the other party. The judge then applies the final burden of proof required for that particular restraining order.
Domestic Violence Restraining Orders
A domestic violence restraining order, or DVRO, applies when the parties have a qualifying relationship, such as spouses, former dating partners, close relatives, or people who share a child.
At the hearing, abuse must generally be proven by a preponderance of the evidence—meaning it is more likely than not that the abuse occurred.
Domestic violence is broadly defined. It can include physical violence, threats, stalking, coercive control, destroying property, repeated unwanted contact, or disturbing the other person’s peace.
“Disturbing the peace” means conduct that destroys another person’s mental or emotional calm. Depending on the circumstances, this may include controlling finances, monitoring communications, isolating someone from family, threatening to disclose private information, or interfering with personal freedom. Physical violence is not required.
Civil Harassment Restraining Orders
A civil harassment restraining order, or CHRO, generally applies when the parties do not have the relationship required for a DVRO.
A CHRO may be based on one of three grounds:
- Unlawful violence, such as an assault or battery.
- A credible threat of violence that reasonably causes fear for someone’s safety.
- A course of conduct consisting of repeated acts that seriously alarm, annoy, or harass someone and serve no legitimate purpose.
At the full hearing, civil harassment must be proven by clear and convincing evidence. This is a higher standard than the preponderance standard used in DVRO cases.
A CHRO based on a course of conduct generally requires more than one unpleasant encounter. The conduct must cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the petitioner.
This is different from “disturbing the peace” in a DVRO. Disturbing the peace means destroying someone’s mental or emotional calm. A CHRO course-of-conduct claim requires the more demanding showing of substantial emotional distress, repeated conduct, and no legitimate purpose.
Elder Abuse Restraining Orders
An elder abuse restraining order, or EARO, protects people age 65 or older and certain dependent adults.
Elder abuse can include:
- Physical abuse
- Neglect or abandonment
- Isolation
- Financial abuse
- Deprivation of necessary goods or services
- Conduct causing physical harm, mental suffering, or serious emotional distress
At the full hearing, elder abuse is generally proven by a preponderance of the evidence.
The necessary proof depends on the allegation. Physical abuse may be shown through photographs or medical records. Financial abuse may require bank statements, deeds, or transfer records. Isolation may be shown through blocked calls, restricted visits, or testimony about the elder’s wishes.
Speak With a Redding Restraining Order Lawyer
The central question is not simply whether the conduct was upsetting. The evidence must satisfy the particular legal definition and burden of proof for the order being requested.
Attorney Jacob Levin has litigated hundreds of restraining-order cases. If you need a Redding restraining order lawyer or representation in Shasta County or the surrounding Northern California courts, contact Jacob Levin Law to discuss your case.
