Restraining orders offer some necessary protection in many situations, including, but not limited to, divorces. In this post we offer a definition of restraining orders and lay out some useful information about restraining orders in California.
What Is a Restraining Order?
A restraining order is an order signed by a judge that prohibits an individual from doing certain things in relation to another person.
Restraining orders aim to prevent actions such as sexual or physical abuse, threats, stalking, destruction of personal property, or harassments.
Also known as protective orders or temporary restraining orders (TRO), restraining orders can be applied in a variety of situations, as we’ll see in the next section.
However, one of the most common uses of restraining orders is to protect a spouse from their abusive partner.
Restraining Orders in California
These are four of the most common restraining orders you can request in California
- Domestic violence restraining order. You can ask for this type of order if someone with whom you have a close relationship abuses you.
- Elder or dependent adult restraining order. People who are 65 or older (or between 18 and 64 but with certain disabilities) can ask for this type of restraining order when they are victims of abuse.
- Civil harassment restraining order. This type of order is for cases where abuse (such as harassment or stalking) occurs but the other person is not as close as in a domestic violence case.
- Workplace violence restraining order. Employers can ask for this restraining order to protect an employee who has suffered staling, serious harassment, or a credible threat of violence at the workplace.
Other types of restraining orders include emergency protective orders, criminal restraining orders, juvenile restraining order, private postsecondary school violence prevention restraining order, transitional house misconduct restraining order, and gun violence restraining orders.
Broadly speaking, the process of asking for a restraining order usually looks like this:
- Fill out the relevant court forms
- File the court forms with the court
- The restrained person is served your papers
- A court hearing takes place
- The judge makes a decision
For more information or assistance regarding restraining orders, get in touch with our team today. We’ll be glad to guide you through the process and help you make sense of your options.
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