An Overview of Restraining Orders in California

A restraining order is a temporary court order that directs a person to avoid or engage in a specific action. Victims of abuse can use restraining orders for their protection. California recognizes the following four main forms of restraining orders.

1. Domestic Violence

As the name suggests, this form of restraining order protects you from domestic violence. Like other states, the definition of domestic violence in California is broader than the term suggests. First, the term violence includes:

• Sexual assault
• Stalking
• Threats of physical violence
• Reckless acts
• Harassment

In short, you don't have to hit someone to face domestic violence charges.

Secondly, the term domestic doesn't just mean members of your family. You can face domestic violence charges if:

• The victim is your former (divorced) spouse
• You have a child with the victim
• You have dated or currently date the victim

A domestic violence restraining order specifies both what the accused cannot do and what they should do. For example, a restraining order can order you to:

• Move out of the house
• Pay certain bills
• Avoid insurance alterations
• Return certain property

Also, victims of domestic violence don't have to file for restraining orders on their own. Parents can file for orders on behalf of their children, especially children under the age of 12.

2. Civil Harassment

Domestic violence restraining orders protect only abuse victims who have intimate relationships with their abusers. Civil harassment restraining orders do more or less of the same things if the abuser and the abuse victim don't have a close relationship.

For example, you can get a civil harassment restraining order against:

• A neighbor who is stalking you
• A friend who is harassing you
• An acquaintance who has abused you sexually
• A distant relative who has assaulted you physically

Again, many forms of abuse can trigger civil harassment restraining orders. The victim just needs to prove that the action would cause a reasonable person to experience or fear mental or physical harm.

3. Elder or Dependent Adult Abuse

The government protects everyone, but it reserves special protection to vulnerable residents who cannot defend themselves as well as the average person. Elderly persons and dependent adults are some of those who deserve special protection. In this context, an elder or dependent adult:

• Is at least 65 years old
• Is between the ages of 18 and 64 and has a mental or physical disability

As with the other forms of restraining orders, elder or dependent adult restraining orders aren't restricted to physical violence cases. Anything that causes or can cause physical or mental suffering qualifies. Financial abuse, neglect, and deprivation are some of the actions that can form the basis for such a restraining order.

4. Workplace Violence

Lastly, California also recognizes restraining orders against workplace violence. A workplace is a protected place, and everyone should work without abuse, violence, or threats of violence.

A workplace violence restraining order is different from the other restraining orders in that the employer files it on behalf of their employee. An aggrieved employee cannot approach the court for a restraining order directly. In addition, the order can protect both the employee and their family or household members.

The violence victim must prove that the abuse is not a legitimate labor dispute. They also need to prove that the abuse is not a constitutionally protected activity.

A restraining order can affect various aspects of your life, including your work, domestic life, and hobbies, among others. Contact The Law Office of Ralph Torres if someone has filed a restraining order against you. We will defend the allegations against you in an effort to get the court to lift the order.