What Is a Restraining Order?

First of all, we want to say that if you’re in a situation where you’re considering a restraining order, we have a great deal of empathy for how difficult it must be, as well as admiration for your strength. Getting to the point in any relationship where you need to consider such a legal protection is traumatic and unfair.

In this article, we will explain the four basic types of restraining orders under California law. Our experienced attorneys at WSG Law are also standing by ready to help you during this difficult time. Let us handle the legal side of things for you.

Domestic Violence Restraining Orders

Domestic violence restraining orders are typically issued when one spouse or partner commits acts of abuse against the other, though they are sometimes also issued in cases of child abuse. It is something of an umbrella term since many different acts can be grounds for a restraining order. There are three major provisions that may be included.

Stay away orders: This is exactly what it sounds like; it orders the offender to maintain physical distance between themselves and their victim. Commonly, judges will order alleged abusers to stay 500 yards from the victim at all times. They may also be forbidden from coming near places the victim frequently must visit, such as their home, place of employment or school, and even sometimes the homes of family members.

Personal conduct orders: These are often issued in conjunction with stay away orders. They expressly forbid the offender from engaging in abusive behaviors, which might include texting, calling, or otherwise contacting the victim; destroying or damaging the victim’s property; harassing the victim’s friends and family; or anything else that may cause harm to the victim.

Move out orders: Once again, these are fairly self-explanatory. They order the abuser to move out of their residence if it is shared with their victim. These orders seek to remove punitive measures felt by victims, who have traditionally been the ones forced to leave their homes in dangerous situations. Move out orders often forbid the offender from taking any possessions other than clothing and other essentials with them.

A domestic violence restraining order may contain any or all of these provisions in the state of California. Often, the provisional orders contain explicit details about what the abuser can and must not do to avoid violating the order. It is also common for these orders to contain instructions regarding custody of children shared by the couple.

Civil Harassment Restraining Orders

Unlike domestic violence restraining orders, civil harassment restraining orders are issued between two parties who are more distantly associated, such as neighbors, acquaintances, distant relatives, coworkers, or any other relationship wherein one party is acting illegally or abusively toward another.

For example, a civil harassment restraining order may be issued when conflict between neighbors devolves into acts of violence or destruction of property. They are also used in cases of stalking or harassment between two people who were never romantically involved.

The same kinds of provisions can be included in these types of restraining orders, though move out orders are almost never relevant. The most common provisions are personal conduct orders. In some cases, stay away orders are also issued, although they are less likely if they would interfere with either party’s ability to live or work.

Workplace Violence Restraining Orders

A somewhat lesser known type of restraining order, workplace violence restraining orders are actually taken out by employers on behalf of an employee. Often, they do so because an employee is experiencing abuse of some kind in the workplace. In many cases, the abuse would be characterized as stalking behavior, but is also frequently violence of some kind.

Workplace violence restraining orders are not for issues between coworkers. If one employee is acting violently towards another, it is the responsibility of the victim to seek a civil harassment restraining order. Workplace violence restraining orders are very often also meant to protect the business itself and the other employees from potentially dangerous situations.

Elder or Dependent Abuse Restraining Order

Elder or dependent abuse is somewhat broader than other types of abuse, so these kinds of restraining orders are applicable even when the offender’s behavior is not directly violent or threatening. Elder abuse can include neglect and financial abuses as well as emotional abuse and depriving the elderly individual of their basic necessities, such as food, water, shelter, a clean environment, and more.

These types of restraining orders are also available to individuals who have serious handicaps that impede their ability to care for themselves. Eligible people are usually permanently handicapped or incapacitated.

Very often, restraining orders for elder or dependent care abuse are requested from the court by another individual since the elderly or dependent person is frequently unable to request one themselves. Sometimes this is another family member, but in many cases these restraining orders come as a result of investigations after mandated reporters, such as doctors and nurses, recognize signs of abuse and make reports.

Do You or Someone You Love Need a Restraining Order?

If any of these situations resonated with you, then you might need a restraining order to protect your property, your loved ones, and your safety. Our team of attorneys at WGS Law is experienced in dealing with sensitive and heartbreaking situations such as these. We can walk you through the process and take care of the legal end so that you can focus on healing. Schedule a virtual consultation via Zoom today.