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What is a Restraining Order?

Learn How a Restraining Order Can Protect You

A restraining order, which may also be referred to as a protective order, is a court order used to protect an individual from being physically or sexually threatened, harassed, stalked, or abused. When you obtain a restraining order against another person, you are known as the protected person, and the person in which you obtained the restraining order against is referred to as the restrained person. Depending on your situation, your restraining order can also include protected persons, such as family members. If you are being stalked, harassed, abused, or threatened, you may wish to seek a restraining order.

Restraining orders can include:

  • Stay-away orders
  • Residence exclusion orders
  • Personal conduct orders

Stay-away orders are used to keep the restrained person a certain distance from the protected person, their workplace, their home, their children's school and childcare facilities, their car, and other vital places the protected person visits. Residence exclusion orders demand the restrained person moves out from where the protected person lives. They are only permitted to take clothing and other personal belongings until a court hearing commences. You can only seek a residence exclusion order in a domestic violence or elder/dependent adult abuse case. Personal conduct orders are used to stop certain acts against a protected person or persons. Certain acts can include stalking, threatening, harassing, contacting, and/or attacking.

Types of Restraining Orders in California

In the State of California, there are four different types of restraining orders:

  1. Civil Harassment Restraining Order
  2. Elder or Dependent Adult Abuse Restraining Order
  3. Domestic Violence Restraining Order
  4. Workplace Violence Restraining Order

Civil harassment restraining orders can be issued if you are being harassed, stalked, abused, or threatened by someone you are not close to in relation to domestic violence cases, such as a neighbor or distant family member. Elder or dependent adult abuse restraining orders can be issued if you are 65 years of age or older or are between the ages of 18 and 64 and have specific disabilities that prevent you from partaking in normal activities and inhibit you from protecting yourself. You must also be a victim of neglect, mentally or physically abusive treatment, deprivation, and/or physical or financial abuse.

You can obtain a domestic violence restraining order if you have been abused by a person who is close to you, such as a partner, spouse, ex-spouse, etc., or by an individual who is closely related to you, including a mother, brother, in-law, etc. Workplace violence restraining orders are ideal if you are an employer and one of your employees is being stalked, harassed, abused, or threatened in your workplace. Employees cannot ask for a workplace violence restraining order—if they wish to protect themselves, they must ask for a civil harassment restraining order or domestic violence restraining order.

If you are being harassed, abused, threatened, or stalked, you may wish to file a restraining order. At Diefer Law Group, P.C., our Riverside divorce lawyer can help determine which restraining order is best for your situation, as well as help you fill out all necessary paperwork. We understand how scary being a victim of abuse can be, which is why we strive to help every individual who seeks our assistance. To schedule a free consultation, please contact our firm as soon as possible.