A restraining order, commonly referred to as a protective order, works to protect a person from harassment and abuse by a specified person. A protected party can include the following parties:
- Spouses or domestic partners,
- Family members,
- Coworkers, and
Types of Restraining Orders
In California, there are four types of restraining orders. This includes:
- Restraining orders for domestic violence
- Civil harassment
- Elder abuse restraining orders
- Workplace violence restraining orders
How a Restraining Order Works
A restraining order can sometimes include a personal conduct order, generally referred to as a stay away order. It may also include a move out order. When a restraining order is issued, the overseeing court will order the specified party to refrain from contacting the protected party, along with other obligations outlined in the order. Any violation of the order will be enough to arrest the restrained person.
A personal conduct order can include prohibiting a specified individual from attempting to communicate with the protected individual, stalking him or her, and/or attacking him or her. A personal conduct order will also include protecting a person from being harassed online or through social media.
A stay away order can indicate a person to maintain a certain distance between the protected individual, which will often be 100 yards. A stay away order can indicate restrictions on places in which the restrained person can visit, such as a residence or a workplace.
When a domestic violence restraining order has been issued, the restricted individual will be forced to leave the residence they share with the protected individual(s).
How a Restraining Order May Be Granted
In order to obtain a restraining order, the protected individual would first need to demonstrate that there has been some kind of threatening behavior made against him or her. A domestic violence order can include demonstrating signs of emotional abuse, psychological, as well as physical abuse.
Anyone seeking to obtain a restraining order can go to court to fill out the necessary paperwork to apply for the order. The paperwork will require the petitioner to describe the situation that caused him or her harm or posed a danger to him or her. The statement will then be reviewed by a court judge and decide whether or not to grant the petitioning party a temporary restraining order.
The temporary restraining order will generally last 21 days, while a hearing date is set to decide if the petitioner will obtain a permanent restraining order. Despite the name, a permanent restraining order will only be limited to five years. During the hearing, the judge will review evidence provided by both sides and make a determination on the issue.
Speak to a Qualified Family Law Attorney
If you or someone you know is being exposed to some form of abuse of harassment, it is important to seek the legal support of a qualified family law attorney. An attorney with the right skills and experience can help file the necessary documentation for a restraining order.
The attorneys at RM Law Group, LLP are highly skilled in family law matters dealing with restraining order matters. If you are in need of a restraining order, hire the legal support of a skilled law firm as soon as possible.