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Four Kinds of Restraining Orders in Los Angeles County
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.
a pattern of behavior that reasonably scares, annoys, or harasses someone.
Domestic Violence Restraining Order
A domestic violence restraining order can only be granted in circumstances where there are 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:
registered domestic partners
dating (or used to date)
have a child together
live together (or used to live together)
A “closely related” individual could be a:
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:
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 our LA criminal lawyers to discuss your legal defense.
About the Author
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.