Restraining orders offer crucial protection in various situations, including divorces and domestic violence. In this blog, we provide a definition of restraining orders and offer useful information about them in the context of California.
What is a Restraining Order?
A restraining order is a court-issued directive signed by a judge that prohibits an individual from engaging in certain actions concerning another person.
The aim of restraining orders is to prevent actions such as sexual or physical abuse, threats, stalking, destruction of personal property, or harassment.
Also known as protective orders or temporary restraining orders (TROs), restraining orders can be applicable in a variety of situations, as we’ll explore in the next section.
However, one of the most common uses of restraining orders is to protect a spouse from an abusive partner.
Restraining Orders in California
Here are four of the most common restraining orders that can be requested in California:
- Domestic Violence Restraining Order: This type of order can be sought if someone in a close relationship commits abuse.
- Elder or Dependent Adult Abuse Restraining Order: Individuals aged 65 or older (or between 18 and 64 with certain disabilities) can request this type of restraining order when they are victims of abuse.
- Civil Harassment Restraining Order: This order is for cases where abuse (such as harassment or stalking) occurs, but the other person is not as closely related as in a domestic violence case.
- Workplace Violence Restraining Order: Employers can seek this restraining order to protect an employee who has experienced serious harassment, substantial interference, or a credible threat of violence in the workplace.
Other types of restraining orders include emergency protective orders, criminal protective orders, juvenile restraining orders, restraining orders for prevention of violence in private postsecondary schools, restraining orders for misconduct in transitional housing, and restraining orders for firearm violence.
In broad terms, the process to request a restraining order unfolds as follows:
- Complete relevant court forms.
- File the forms with the court.
- Serve the documents to the person committing the abuse.
- Attend a court hearing.
- The judge makes a decision.
For more information or assistance regarding restraining orders, contact our team today. We’ll be happy to guide you through the process and help you understand your options.
