5 Types of Restraining Orders In California

If you are being threatened, stalked, harassed, or sexually or physically abused by someone, you may be able to obtain a restraining order to protect you. Restraining orders, sometimes referred to as protective orders, are court orders that protect you from harm. In California, restraining orders can be requested in a number of varieties, five of the most common are outlined below.

Domestic Violence Restraining Orders

Victims of domestic violence may request a domestic violence restraining order, if the victim and his or her abuser are in a domestic relationship or are closely related. Relationships between the victim and the abuser that are eligible for domestic violence restraining orders include:

  • Married couple
  • Domestic partners
  • Divorces
  • Dating or formerly dating couples
  • Couples who share a child or children
  • Couples that live together or formerly resided with one another

A roommate scenario is insufficient to qualify as a domestic relationship.

Civil Harassment Restraining Orders

When the relationship between the victim and the abuser, stalker, or harasser is not considered to be a domestic relationship, the victim may instead be eligible for a civil harassment restraining order. Relationships such as neighbors, former friends, roommates, a new boyfriend's ex-girlfriend, and distant familial relationships qualify for this type of restraining order.

Workplace Violence Restraining Orders

Employers may request a workplace violence restraining order for their employees who have been the victim of a threat, harassment, stalking, or violence from another person in the workplace. Employees themselves may not request this type of restraining order, and instead the employee would have to obtain his or her own restraining order based on his or her relationship with the harasser, abuser, or stalker (either a domestic violence or civil harassment restraining order, whatever the case might be).

Elder or Dependent Adult Abuse Restraining Orders

Victims of abuse who are either over the age of 65 (i.e., an elderly person) or between the ages of 18 and 64 and have mental or physical disabilities (i.e., a dependent adult) may be eligible for an elder or dependent adult abuse restraining order. There are many forms of abuse, including physical abuse, mental or psychological abuse, neglect or abandonment, financial abuse, and deprivation of care or other basic necessities by a caregiver upon whom the elderly victim or dependent adult relies.

Emergency Protective Restraining Orders

In emergency situations, where a victim (anyone) feels that they are at risk of imminent harm or danger from abuse, child abduction, etc., the victim can contact the local law enforcement authorities to request an emergency protective restraining order. The emergency order is limited in duration, and the victim will need to get an additional restraining order to extend the length of protection from their abuser, stalker, or harasser.

Contact a Ventura Restraining Order Lawyer

No one should have to be the victim of abuse, harassment, stalking or violence. When you need to obtain a restraining order, the experienced restraining order lawyers at Negley Law are ready to help. We have been working with individuals living in Ventura County for more than 15 years to obtain protective orders when they need them, and we can help you, too. 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