If you are being harassed, abused, or hurt by another person you can get a restraining order through the court system that will legally “restrain” the person from contacting you. If a restraining order is being brought against you, you’ll want to defend against it because it gets filed in a California system (“CLETS”) and can come up on background checks, or effect a job/security clearance.
Types of Restraining Orders
- Emergency Protective Order/ Temporary Restraining Order
- Civil Harassment Restraining Order
- Domestic Violence Protective Order
- Elder(65 or older) and Dependent Adult Restraining Order
- Criminal Restraining Order
- Workplace Violence Restraining Order
Domestic Violence Restraining Order
- If you are the victim of domestic violence you can obtain a Domestic Violence Restraining Order requiring the abuser to stay away from you
- Qualifies under Domestic Violence if you are:
- Married or Registered domestic partners
- Divorced or Separated
- Dating or used to Date
- Lived together or Used to Live together
- Child/Children in common
- Closely related (parent, child, brother, sister, grandparent)
- The court can order the abuser to:
- Leave the house or apartment that you share (even if it’s in the abusers name)
- Have a police escort while retrieving belongings
- Pay costs resulting from any abuse
- The court can grant you custody of your children
Civil Harassment Restraining Order
- A civil harassment restraining order is a court order that protects people from violence, harassment, threats of violence, and stalking.
- You can request a Civil Harassment Restraining Order if a person has seriously harassed you, abused, sexually assaulted, or stalked AND you are scared, feel harassed or seriously annoyed
- Generally applies to non-family members: to a neighbor, friend, roommate, someone you are not related to, or an extended family member
- Does NOT apply to spouses, boyfriend/girlfriend or any domestic relationship (NEED TO DOMESTIC VIOLENCE RESTRAINING ORDER)
Elder or Dependant Adult Restraining Order
- An Elder or Dependent Adult Restraining Order may be granted if you are 65 years or older OR between 18-64 and have certain mental/physical disabilities that keep you from being able to do normal activities, AND
- You are a victim of Physical Abuse, Financial Abuse, Neglect or Abandonment, Treatment that has mentally hurt you, Duties being withheld by a Caregiver
Workplace Violence Restraining Order
- A Workplace Violence Restraining Order may be granted if you are an employer, AND
- The restraining order is needed to protect an employee who has suffered harassment, stalking, or threats of violence
- An employee cannot ask for a workplace restraining order (request a civil restraining order).
There are 2 stages to the process:
- A Temporary Restraining Order (TRO) Hearing: For a temporary restraining order- The court is asked to grant an immediate order restraining the person from having contact with person seeking the order (for approximately 10 days). An attempt must be made to notify the other person of the TRO hearing but this may be done by telephone. Regardless of whether the TRO is granted, a date is set to hear the permanent restraining order matter about 3-weeks later. If the TRO is granted the restrained person can have no contact with the person who requested the order. If the person violated the order then he/she can be arrested for violating a court order and charged with a criminal act.
- A Restraining Order (RO) Hearing: This hearing is conducted like a regular civil hearing where all the rules of evidence apply. The person seeking the order must show by clear and convincing evidence that the person who is being restrained has threatened them, or harassed them sufficiently to deserve a restraining order. Witnesses and the parties themselves may testify at this hearing under oath. It is then left to the Judge to make the final decision. A restraining order hearing can result in a 3-year order where the restrained person may have no contact with the person who requested the order. In addition, the existence of the restraining order gets reported on the CLETS system which means that all law enforcement are made aware of the order. Also, background checks may reveal the existence of a restraining order.
File a Restraining Order Today
Contact Orange County defense attorney Katie Walsh if you need help with Restraining Orders, Emergency Protective Orders, or any other criminal matter. You can reach attorney Walsh by dialing (714) 351-0178 or by reaching out online using our confidential contact form.