Restraining Order
A restraining order (also known as a protective order) is a legal order issued by a California court to protect an individual from harm, harassment, or threats. A restraining order can require a person to stay a certain distance away from the person seeking protection, stop contacting them, or take other actions to ensure the safety of the individual requesting the order. Restraining orders are commonly used in cases involving domestic violence, harassment, stalking, or threats of harm.
-
A Domestic Violence Restraining Order (DVRO) is the most common type of restraining order and is used when there is a history of abuse or the threat of abuse in a domestic relationship, such as between spouses, ex-spouses, partners, former partners, or family members. The purpose of this type of order is to protect the victim from future violence or threats.
Requirements:The victim must be related to or living with the person seeking protection (spouse, partner, cohabitant, or family member).
The person seeking protection must show that they have been abused or are in fear of abuse.
What a DVRO Can Do:
Prohibit the abuser from contacting or coming near the victim (typically a certain distance, such as 100 yards).
Require the abuser to move out of the shared home.
Grant the victim temporary custody of children and provide child or spousal support.
Prohibit the abuser from possessing firearms.
Order the abuser to attend counseling or treatment programs.
-
A Civil Harassment Restraining Order is for individuals who are not related to or in a domestic relationship with the person seeking protection. This type of order can be used in cases of harassment, stalking, or threats by someone such as a neighbor, co-worker, or acquaintance.
Requirements:The victim must demonstrate that they are experiencing harassment, stalking, or threats of violence.
Harassment must involve conduct that seriously alarms or disturbs the victim.
What a CHRO Can Do:
Prohibit the harasser from contacting or approaching the victim.
Forbid the harasser from coming near the victim’s home, workplace, or school.
Order the harasser to stay a specified distance away from the victim.
-
This type of restraining order is designed to protect elderly individuals (aged 65 and older) or dependent adults (those with physical or mental disabilities) who have been victims of abuse or neglect.
Requirements:The abuse must be committed by someone who has a relationship with the victim, such as a caregiver, family member, or acquaintance.
The victim must be 65 years or older or a dependent adult.
What an Elder/Dependent Adult Abuse Restraining Order Can Do:
Similar to a domestic violence restraining order, it can prevent the abuser from contacting the victim or coming near the victim’s home, workplace, or other specified locations.
The order can include financial support, removal of the abuser from the home, and other protective measures.