There are four reasons why a person might take a restraining order out on someone else. The reason must be petitioned to a California court for a restraining order to be issued. Restraining the behavior of another person must be based on the safety and security of the petitioner. They may be issued on an emergency, temporary or permanent basis or in various cases.
Like most matters of the California court, restraining can be complex. It serves your best interest to consult a qualified lawyer to help you through the process. The experienced Los Angeles restraining order attorneys at Okabe & Haushalter can assist you with all aspects of restraining orders.
The Four Types of Restraining Orders
If a court does decide to issue a restraining order, it will first listen to all the specifics in the case. There is not just one type of restraining order. The specific type of conflict or harassment informs the court on which type of order to issue.
California law specifies that there are four distinct types of restraining orders. These include:
Civil Harassment Restraining Order: This is the most common type of restraining order. A court may issue one of these orders for:
An act of violence against someone else
Credible threats of violence
Threatening behaviors that reasonably scare, annoy, or harass someone else
Domestic Violence Restraining Order: These types of restraining orders can only be granted in circumstances where a qualifying relationship exists and there is evidence of emotional or physical abuse or threats of abuse. The California Domestic Violence Statute defines a qualifying relationship as personal relationships between two parties. This qualified relationship requirement includes:
Couples—defined as either dating, married (divorced or separated). registered domestic partners, living-together partners, or co-parents
Closely related—defined as parent, grandparent, child, grandchild, or a sibling
Elder Abuse Restraining Order: This restraining order is designed to specifically protect the elderly. In these cases, there does not have to be evidence of physical abuse. Some reasons these restraining orders may be issued include:
Abandonment
Financial abuse
Physical Abuse
Neglect
Workplace Violence Restraining Order: These restraining orders are specific to California employers on behalf of employees suffering in the workplace because of:
Credible threats of violence
Physical violence
Stalking
Patterns of harassing behavior cause a reasonable person to fear for their safety
When should I contact a lawyer?
If you are harassed, stalked, or threatened, and feel you are in immediate danger, call 911 for law enforcement’s assistance. Then, contact a lawyer to help you fill out a request for a temporary restraining order. Having representation always helps in these situations.
The Los Angeles restraining order attorneys at Okabe & Haushalter will stand by your side. And if the person you filed the order against has legal representation challenging the validity of the restraining order, we will be there to defend you and your rights.
