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 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:
- 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
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 our LA criminal lawyers to discuss your legal defense.
