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?
Simply put, a restraining order is a court order that prohibits a person from carrying out certain actions.
Also known as protective orders or temporary restraining orders (TRO), restraining orders can be applied in a variety of situations. However, one of the most common uses of restraining orders is to protect a spouse from their abusive partner. They are also used to prevent behaviors such as:
- Sexual assault
- Elder abuse
- Workplace violence
- Destruction of personal property
- Peace disturbance
Restraining Orders in California
As is the case with most legal procedures, the use and application of restraining orders may vary from state to state.
These are four kind of orders you can ask for 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.
When a person breaks a restraining order, they may face serious consequences, including paying fines, going to jail, or both.
Broadly speaking, the process of asking for a restraining order in California 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
Need Help With a Restraining Order in California? Contact the EBL Law Group
At the EBL Law Group, we offer dependable, straightforward legal assistance in family law, business law, criminal law, estate planning, civil litigation, immigration law, and real estate law.
We are located in Rancho Cucamonga, California. Call us at (909) 581-4351 for a free consultation, or fill out the contact form on this website to get in touch with our team.