How do restraining orders work and how can people obtain them in California? Here\u2019s what to know.<\/p>\n
Shalini Thakur, 38, was shot and killed<\/a> at about 3 p.m. Tuesday in the parking lot of a Panera Bread store on Howe Avenue, the Sacramento County Sheriff\u2019s Office said in a news release.<\/p>\n Thakur had reported being stalked by Rohit Rohit, 22, since January and had taken out a restraining order against him in May, authorities said. On July 29, she contacted deputies to report Rohit had violated the order after he dropped off groceries at her door.<\/p>\n Rohit killed himself after deputies tried to stop his vehicle on Highway 50 near Howe Avenue shortly after the shooting, the sheriff\u2019s office said.<\/p>\n Here\u2019s what to know about restraining orders in California:<\/p>\n What kinds of restraining orders are available in California?<\/p>\n Most restraining orders<\/a> can require someone to not contact you and stay away from you, the California Courts Self-Help Guide said.<\/p>\n Others can require the person to move out or can be issued to protect children or seniors. Protection also can be sought for schools and businesses.<\/p>\n Restraining orders can be issued in cases involving domestic violence, civil harassment, elder abuse, gun violence, workplace violence, school violence and retail crime.<\/p>\n Short-term emergency protective orders<\/a> to protect victims of harassment, abuse or stalking also can be issued, the Sacramento County Superior Court self-help site said.<\/p>\n How can you get a restraining order?<\/p>\n Local law enforcement can issue 7-day emergency protective orders, the Sacramento County Superior Court online site said. Emergency orders can be issued 24 hours a day.<\/p>\n Applications for other types of restraining orders can be filed at Sacramento County courthouses or online, the site said.<\/p>\n Check which forms must be filed at which courthouse<\/a>.<\/p>\n Completed forms filed before 11:30 a.m. and 1 p.m. Monday through Friday, depending on the type of order, may be granted by 4 p.m. that day. Forms filed on other days or after those times may be granted by 4 p.m. the next business day.<\/p>\n What does a restraining order do?<\/p>\n The conditions of a restraining order depend on the type of order and also the specific situation that prompted the request.<\/p>\n A restraining order can be issued to protect someone, their children, their property or their pets, the California Courts Self-Help Guide said.<\/p>\n A domestic violence restraining order, for example, can prohibit contact, harassment, stalking, threatening or harming those protected by the order. It also can require someone to stay a certain distance away, move out of a shared home or not be allowed to have firearms, ammunition or body armor.<\/p>\n The average distance<\/a> of restraining orders is 300 feet, which is 100 yards or the length of a football field. But again, it is up to the judge and the circumstances involved, the Kann California Law Group said.<\/p>\n Some orders also can require a person to pay spousal or child support.<\/p>\n Restraining orders can last up to five years, though most expire after three, the Kann California Law Group said.<\/p>\n Once a restraining order has been issued, law officers can be called to enforce it, the guide said. Violating a retraining order is a crime and can lead to arrest.<\/p>\n Domestic violence crimes in California are generally charged as misdemeanors, although depending on the circumstances<\/a>, they can be charged as felonies, as the Eisner Gorin law firm explained.<\/p>\n In a post on X<\/a> in response to Tuesday\u2019s murder, Sacramento County Sheriff Jim Cooper advocated for a tightening of state law surrounding domestic violence offenses. Sacramento County sheriff\u2019s officials said Wednesday<\/a> that Rohit and Thakur were initially friends who worked at different businesses, but Rohit\u2019s behavior had become increasingly erratic this year.<\/p>\n What about restraining orders and firearms?<\/p>\n On March 19, Gov. Gavin Newsom marked the 10th anniversary of California\u2019s red-flag law<\/a> creating restraining orders targeting gun violence, his office said in a news release.<\/p>\n \u201cWhen the warning signs are there, we give families and law enforcement the power to step in before a crisis turns into a catastrophe,\u201d Newsom said in the release.<\/p>\n