Tuesday, October 25, 2016

Restraining Orders

There are different types of civil restraining orders, each with their own eligibility requirements and steps that need to be taken to get a restraining order. The types of restraining orders are:

  • Emergency Protective Order:

    Protects victims of abuse, serious harassment, or stalking. An emergency protective order is available 24 hours a day from the police.

  • Domestic Violence Restraining Order:

    Protects individuals from a spouse or former spouse; person you are dating, or person you have dated; lover; mother or father of your child; anyone closely related to you by blood marriage or adoption (example: mother, father, child, brother, sister, grandparent); or person who regularly lives in your home.

  • Elder or Dependent Adult Abuse Restraining Order:

    Protects elders and dependent adults from physical and financial abuse, neglect, isolation, abduction, harm, or deprivation by a caregiver.

  • Civil Harassment Restraining Order:

    Protects individuals from someone you have not dated and do not have a close relationship with like a neighbor, a roommate, friend, or family member not listed under Domestic Violence Restraining Orders.

  • Workplace Violence Restraining Order:

    Protects employees from workplace violence. A Workplace Violence Restraining Order can only be requested by an employer on behalf of their employee.

  • Private Postsecondary School Violence Restraining Order:

    Protects students from violence in a private postsecondary school. A Private Postsecondary School Violence Restraining Order can only be requested by the chief administrative officer, or an officer or employee designated by the chief administrative officer on behalf of a student.

  • Firearms Restraining Order

    Prohibits an individual who poses a significant danger of personal injury to himself, herself, or another from owning, possessing, purchasing, receiving or attempting to purchase or receive a firearm or ammunition. A Firearms Restraining Order can only be requested by an immediate family member or law enforcement agency.

If you need protection, and you are not sure which type of restraining order to request from the court, you should consult an attorney.

Additional information regarding restraining orders can be found on the California Courts' - external link Website.