In simple terms, a restraining order puts a legal barrier between the victim and the accused. When granted, the restraining order can make it unlawful for the restrained person to contact the protected person. In a majority of cases, a restraining order will be filed following a domestic violence matter.
In California, there are a few different types of restraining orders. Depending on the specific legal matter, restraining orders can be set in place for several days up to multiple years.
Multiple Forms of Restraining Orders Available
In California, there are 4 different types of restraining orders that include the following.
Domestic Violence Restraining Orders
Restraining orders for domestic violence are among the most commonly issued. These types of restraining orders will cover parties who have close relationships and will include:
- Married couples or separated couples,
- Domestic partnerships,
- Individuals who are dating or previously dated one another,
- Individuals who share children,
- Individuals who presently or have previously lived together, especially when more than roommates, or
- Individuals who have a close family relationship like that between a parent and child, grandparents, or siblings.
Dependent Adult or Elder Abuse Restraining Order
This type of restraining order will be used when the accuser is an individual who is over the age of 65 or is otherwise a person with physical or mental disabilities between the ages of 18 to 64 years old. The individual seeking a restraining order will need to be a victim of abandonment, neglect, physical abuse, financial abuse, or any other treatment that has hurt him or her physically and/or mentally.
Restraining Orders for Civil Harassment
Restraining orders for civil harassment can be petitioned for by any individual who has been threatened, harassed, stalked, or abused by a person who is not necessarily close in relationship as it is required under restraining orders filed for domestic violence. This can involve:
- Roommates, and
- Distant family members, such as aunts, uncles, or cousins.
Restraining Orders for Workplace Violence
Employers have the ability to request these types of restraining orders on behalf of their employees who have suffered a threat of violence, stalking, serious harassment, or violence when at work. Employees who face harassment are not able to file a restraining order on their own, however. In order to obtain one, they will need to obtain one through civil harassment or domestic order requirements.
For Restraining or Protective Orders, Hire the Legal Support of a Skilled Family Law Attorney
If you or someone you love is in need of a restraining order, it is critical to seek the legal support of an experienced family law attorney. With the support of a knowledgeable attorney, it may be possible to obtain an emergency protective order or a permanent restraining order.
The family law attorneys at RM Law Group, LLP work diligently to protect the rights of the most vulnerable. If you need a restraining order in the State of California, you should know that there are laws that protect you from harassment and abuse. Contact the firm today for a free case evaluation.