3 Main Functions of Restraining Orders

3 Main Functions of Restraining Orders

Restraining orders (or protective orders) can be important in situations of domestic violence or when someone is the victim of physical or sexual abuse. In California, restraining orders serve three main functions - to prevent someone from behaving in a certain way, to order someone to stay away from another person or residence, or to order a person to move out of a residence.

  1. Restraining Orders on Personal Conduct: A restraining order on personal conduct is meant to protect whoever is named on the order from an individual who is conducting specific acts. This type of order puts a stop to certain conduct such as contact (mailing, calling, texting, emailing, etc.), stalking, threatening, attacking, harassing, and other unwanted and/or destructive conduct.
  • Stay-Away Orders: A stay-away order means that a person is ordered to stay a specified distance from another person or location. This can include an order to stay away from the protected person, his or her home, workplace, car, or his or her children, their school, and other places where they can be found (playgrounds, their walking/biking route home from school, etc.). Often these orders are for a set distance, such as 100 yards.
  1. Residence Exclusion Orders: Residence exclusion orders are limited orders that require the restrained person to leave a residence in order to keep the protected individual safe. Only certain situations warrant a residence exclusion order. Specifically, these orders are for cases involving domestic abuse, elder abuse, or dependent adult abuse, where the restrained person and the protected person share a residence.

Impact of a Protection Order

While the protected individual named in the order gets the protection they need, the restrained person has a lot of freedoms taken away by the order. Although the order is limited in time, for the duration that the order is in effect, the restrained person will be limited in where he or she can go and what he or she can do. In the case of the residence exclusion order, the restrained person will be kicked out of his or her home and will need to find housing somewhere else for the duration of the order. Furthermore, a protective order can impact the restrained person's ability to see his or her children and could affect his or her immigration status.

What Happens to Protection Order Violators?

Violation of a protective order is serious business and a restrained person can get into a lot of trouble. Violating a protective order can result in jail time, payment of a fine, or both.

Contact a Ventura Restraining Order Attorney

If you are in need of a getting a restraining order in place to protect yourself or members of your family, contact the experienced restraining order lawyers at Negley Law. Our team has been working with individuals living in Ventura County for more than 15 years to obtain protective orders to prevent someone from behaving in a certain way, to order someone to stay away from you or your home, or to have someone removed from your home. Please contact the restraining order attorneys at Negley Law today by calling (805) 464-7315. We offer a free initial consultation to all of our potential clients.

Categories: Restraining Orders