Legal Question in Criminal Law in California

Re: Restraining Orders

The court will not presume anything of the sort. Further, the court which hears the application for a restraining order will not have the authority to send the parolee back to prison. Restraining orders are civil matters, not criminal, and civil courts cannot revoke anyone's parole even if he demonsgrably violated it. That decision belongs to the judge who sentenced him.

Restraining orders are not just handed out to whoever wants one. In order to obtain such an order, the victim will have to prove she is entitled to one by showing what the parolee has done or why she fears he will do something to her. This evidence might or might not show a parole violation, but that really doesn't matter. His actions may warrant a restraining order even if he hasn't violated his parole. It is also possible to violate his parole is ways that don't support the victim's request.