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Types of Restraining Orders Available in California

Posted on in Criminal Defense

San Jose restraining order defense lawyers, restraining ordersA restraining order (also referred to as a protective order) is a court order designed to protect someone (i.e. the “protected person”) from being abused, threatened, harassed, or stalked by the “restrained person." If you are currently subject to a restraining order, or have been threatened with a restraining order, it is important to understand the four different types of restraining orders available in California.

California's Four Restraining Orders

1. Domestic Violence Restraining Orders: A domestic violence restraining order can be obtained against you if you have abused any of the following people:

  • Your spouse or registered domestic partner;
  • Your ex-spouse;
  • A spouse whom you are legally separated from;
  • Someone you are currently dating or have dated in the past;
  • The mother or father of your child;
  • Someone that you currently live with or lived with in the past (who is/was more than just a roommate);
  • Your parent;
  • Your child;
  • Your brother or sister;
  • Your grandfather or grandmother; or
  • Your mother-in-law or father-in-law.

2. Civil Harassment Restraining Orders: A civil harassment restraining order can be obtained against you if you have threatened, abused, harassed, or stalked someone who is not close enough to you to qualify for a domestic violence restraining order (outlined above). For example, a neighbor, a non-romantic roommate, a cousin, an aunt or uncle, etc. may be able to secure a civil harassment restraining order against you.

3. Elder or Dependent Adult Abuse Restraining Orders: Someone who is 65 years old or older (or who is between 18 and 64 years old and has a mental or physical disability that prevents him or her from being able to do normal activities or to protect themselves) can obtain an elder or dependent adult abuse restraining order against you if you:

  • Physically or financially abused him or her;
  • Neglected or abandoned him or her;
  • Physically or mentally hurt him or her; or
  • Are his or her caregiver and deprived him or her of basic things or services that he or she needs in order to not suffer physically, mentally, or emotionally.

4. Workplace Violence Restraining Orders: An employer can obtain a workplace violence restraining order against you if you have stalked, seriously harassed, committed violence against, or credibly threatened violence against one of their employees.

Consequences

The consequences of being restrained in California by one of the restraining orders outlined above can be quite severe. According to the California Court’s website, these consequences can often include:

  • Not being able to go to certain places or to do certain things;
  • Being forced to move out of your home;
  • Not being able to see your children as often as you did before (or perhaps not being able to see them at all);
  • Not being allowed to own a gun while the restraining order is in effect; and
  • If you violate the terms of your restraining order, fines and/or jail time.

Let Us Help You Today

If you would like to fight against a restraining order that has been filed against you, or if you have been accused of violating an order that is already in place, the law offices of Jachimowicz Law Group is here to help. Our experienced San Jose restraining order defense lawyers defend clients throughout Northern California and would be happy to meet with you during a free initial consultation at our San Jose office.

Source:

http://www.courts.ca.gov/1260.htm

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