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Restraining Orders
A restraining order is court order that protects you from physical, emotional, or financial abuse. It can also protect you from being stalked or harassed.

There are 4 types of orders you can seek:
  • Domestic Violence Restraining Order,
  • Civil Harassment Restraining Order,
  • Elder or Dependent Abuse Restraining Order, and
  • Workplace Violence Restraining Order.

You can get a domestic violence restraining order if you have been abused and if you have a domestic relationship with that person. This could apply to a spouse, a dating relationship, a live in companion, or someone that you have been previously married to, used to date, or used to live with. It can also be a relative, or an in-law.

Domestic violence can take a number of forms, including:

  • physical behavior (slapping, punching, pulling hair or shoving)
  • forced or coerced sexual acts or behavior (unwanted fondling or intercourse, or sexual jokes and insults)
  • threats (threatening to hit, harm or use a weapon)
  • psychological abuse (attacks on self-esteem, attempts to control or limit another person's behavior, repeated insults or interrogation)
  • stalking (following a person, appearing at a person's home or workplace, making repeated phone calls or leaving written messages), or
  • cyberstalking (repeated online action or email that causes substantial emotional distress).

Domestic violence orders may include:

  • Personal Conduct (Harassment, Violence, Contact)
  • Stay Away Orders
  • Move Out Orders
  • Child Custody, Visitation, and Child Support
  • Permitting Recording Of Restrained Communications
  • Temporary Control Of Property
  • Payment (by the other party) Of Debts
  • Property Restraint (against disposing of jointly-owned property)
  • Payment Of Your Attorney Fees (if any)
  • Payment Of Court Costs
  • Orders Requiring The Other Party To Attend A Batterer’s program
  • Orders Against Possession Of Firearms
  • Orders Against Ownership Of Firearms

Civil Harassment Restraining Order
You can ask for a Civil Harassment Restraining Order if you suffer harassment by someone who is not close to you.

Harassment is violence, a threat of violence, or actions that really scare, annoy or harass you, done on purpose and for no good reason.

Civil harassment order can be used to protect you from roommates, neighbors, and co-workers.

Elder or Dependent Abuse Restraining Order
You can ask for a Elder/Dependant Adult Restraining Order if:

  • You are 65 or older, or you are between 18 and 64 and have certain disabilities, and
  • You are a victim of:
    • Physical or financial abuse,
    • Neglect, abandonment or
    • Treatment that has physically or mentally hurt you.

Workplace Violence Restraining Order
You can ask for a Workplace Violence Restraining Order if:

  • You are an employer, and
  • You seek a restraining order to protect an employee (an employee cannot make the request for a workplace violence restraining order) who has suffered violence or a real threat of violence at the workplace.

If you are an employer or you work in a place where there has been violence or threat of violence against employees, you should seek a Workplace Violence Restraining order. The law says corporations must be represented by a lawyer.

It may not always be necessary to have an attorney to prepare, file, or present your request for a restraining order, but having one on your side, especially during any court proceedings can be very helpful and reassuring. If you have any questions about restraining orders in the state of California, please contact our attorneys today for a free evaluation.

Please contact us online or call us at 1-800-221-9847.

Related Information
Domestic Violence
Spousal Abuse
Child Abuse


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