RESTRAINING AND PROTECTIVE ORDERS
WHAT ARE THEY?
In California, there are several ways to petition the court to restrain or restrict another person. Usually, the relationships and conduct of the parties determines what types of orders are sought, what the standard of proof will be, and how those orders are enforced. It is important to note that a Temporary Restraining Order is just that; the court issues orders ex parte (meaning without hearing both sides of the argument), but for only a short, limited time until both sides can be heard. For most types of orders, the hearing should be held expeditiously, within 21 days of the original issuance. If you have been served with a Temporary Restraining Order, or feel you need an order to protect you or your family, contact my office today and learn how I can help.
What Do Restraining Orders Do?
Personal Conduct: Orders to stop or “enjoin” a party from doing something, such as:
Contacting, calling, texting, emailing, Attacking, striking, battering, stalking threatening, assaulting, harassing, destroying property or disturbing the peace.
Stay-Away: A Petitioner (person seeking protection) can ask the court to order another party (the Respondent) to stay away a certain distance (ie 50-100 yards) from the Petitioner, their home, place of work, children's schools or child care, their vehicle, or any place where the Petitioner may go.
Residence Exclusion “Kick-Out” Order: The court may order the Respondent to move out from a shared residence, taking only their clothing and personal belongings, until the court hearing. This “Kickout” order is generally only used in domestic violence or elder abuse cases, discussed below.
Consequences of Having a Restraining Order Against You:
The respondent, as a restrained party, may:
Have to refrain from going places or doing certain things;
Might have to move out of a home;
May affect the person's right to see children;
Will not be able to own a gun, and may be required to relinquish any gun in their possession;
And it may affect immigration status.
So What types of Restraining Orders are Available in California?
There are four types of Orders a Petitioner can request in Court:
Domestic Violence Restraining Order (DVTRO)
Petitioner must show Respondent is related by marriage, dating relationship, or are a parent, child, brother/sister, grandmother, grandfather or mother or father -inlaw.
Elder or Dependent Adult Abuse Restraining Order
Petitioner must be 65 or older, or between 18-64 and have mental or physical disabilities that prevent you from supporting or protecting yourself; and you have suffered: physical/mental abuse, neglect, or deprivation by a caregiver.
Civil Harassment Restraining Order (CHTRO)
Petitioner here need not have a particular relationship with the Respondent, but most commonly arises out of neighbor disputes, or where Petitioner claims they have been stalked, abused, threatened or had their peace unreasonably disturbed by someone to whom they are not related or dating.
Workplace Violence Restraining Order
You must be the employer, seeking to protect an employee, to be a Petitioner in this action. An employee seeking protection would use A CHTRO, described above.
Again, your relationship to the person you seek protection from dictates which type of order is appropriate, and each has specific requirements, burdens of proof, facts, and forms to be filed. Our skilled restraining order attorneys can analyze your situation and aggressively pursue the proper protective order, OR effectively defend against the issuance of such orders.
Ignoring, Disregarding or violating properly issued and served restraining orders will have serious legal consequences, call today for immediate help.