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Four Kinds of Restraining Orders in Los Angeles County

Posted by Neil Shouse | Sep 03, 2015 | 0 Comments

Restraining orders are issued when someone petitions a California court to restrain the behavior of another for safety and security reasons. Restraining orders can be issued on an emergency, temporary or permanent basis. Permanent restraining orders can be issued for up to one to five years, so it is wise for defendants to consult with an attorney before their final restraining order hearing. 

There are four general types of California restraining orders.

  • Civil Harassment Restraining Order

The most common type of restraining order is a civil harassment restraining order.  A civil harassment restraining order may be issued for:

  • any type of violence (ex. battery)
  • a credible threat of violence
  • a pattern of behavior that reasonably scares, annoys, or harasses someone.
  • Domestic Violence Restraining Order

A California domestic violence restraining order can only be granted in circumstances where there is a qualifying relationship and evidence of emotional or physical abuse, or the threat of abuse. A qualifying relationship involves a personal relationship between the two parties as defined by the California domestic violence statute, which requires the parties be:

  • married
  • registered domestic partners
  • divorced
  • separated
  • dating (or used to date)
  • have a child together
  • live together (or used to live together)
  • closely related

A “closely related” individual could be a:

  • parent
  • grandparent
  • child
  • grandchild
  • brother
  • sister
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California Restraining Orders
  • Elder Abuse Restraining Order

This type of restraining order is somewhat different from other types of California restraining orders in the sense that it is specific to the protection of the elderly.  An elder abuse restraining order can, but does not require, that there have been physical abuse of an elderly person.  In California, an elder abuse restraining order can also be issued for reasons such as:

  • financial abuse
  • abandonment
  • neglect
  • Workplace Violence Restraining Order

Workplace violence restraining orders may only be requested by California employers on behalf of employees who have suffered in the workplace as a result of:

  • stalking
  • serious harassment
  • physical violence
  • the credible threat of violence
  • a pattern of conduct that would cause a reasonable person to fear for his or her safety

Employees who believe they were harassed in the workplace may only file for a Civil Harassment Restraining Order.

If you have received notice that someone has filed any type of restraining order against you, contact us to discuss your legal defense.

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

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