A restraining order is an order of the court.
It can be crafted in various ways; however, it can order the restrained person to:
- Abstain from contacting you or any member of your household;
- Stay away from you, your children, or others who live with you, regardless of where you are;
- Stay away from your work, school, or your children’s school;
- Not possess or own any firearms.
Once the court issues a restraining order, it goes into a statewide computer system called the California Law Enforcement Trafficking System (CLETS), which allows law enforcement officers throughout the state to see that a restraining order has been issued.
For the restrained person, the consequences of having a court order can be severe.
- They will not be able to go to certain places or to do certain things.
- They are typically not able to own a gun. (Any guns in their possession would have to be turned in, they would not be able to sell any guns they have and would not be able to buy a gun while the restraining order is in effect.)
- The restraining order may affect his or her immigration status. If you are a person to be restrained and you are worried about this, talk to an immigration lawyer to find out if you will be affected.
- A violation of the restraining order, can result in jail, fines, or both.
Restraining Orders come in various forms, each with their own eligibility requirements and steps that you must take to obtain the restraining order you need. Below is a list of restraining orders which can be sought.
Do I need a restraining order?
For victims of domestic violence or any form of abuse, whether it be physical, emotional, or verbal, a restraining order may need a restraining order for protection. The protection obtained through a restraining order can not only protect you and your loved ones, but your property and livelihood as well. A restraining order offers protection from physical and/or mental abuse.
Family Law Restraining Orders, contrary to civil harassment Restraining Orders, require as showing that you have or had a close personal relationship with the person you are seeking protection from, and that individual had or currently has, the opportunity to abuse you in some way. Forms of abuse include, but are not limited to, kicking, hitting, following/stalking, and harassment. Through a restraining order, you may obtain protection for yourself, your children, and any other household residents. A judge can craft a restraining order to suit your needs. Temporary Restraining Orders or “TROs” can be obtained with little to no notice, depending on the circumstances. Hiring an attorney to help you in this process is advised, but not required. Contact us and we can help you.
Emergency Protective Order (EPO)
Protects victims of abuse, serious harassment, or stalking. An emergency protective order is granted by a Judge, often on call, and sought by law enforcement upon probable cause that one is necessary.
Domestic Violence Restraining Order (DVRO)
DVRO’s requires that a specific relationship either exists or existed, between the Restrained Party and the Protected Party. These relationships include: spouse or former spouse; person you are dating, or person you have dated; lover; mother or father of your child; anyone closely related to you by blood marriage or adoption (example: mother, father, child, brother, sister, grandparent); or person who regularly lives in your home. Such protections do not require physical conduct or abuse. Firearms restrictions are a part of DVRO’s.
Elder or Dependent Adult Abuse Restraining Order
Protects elders and dependent adults from physical and financial abuse, neglect, isolation, abduction, harm, or deprivation by a caregiver.
Civil Harassment Restraining Order (CHRO)
A Civil Harassment Restraining Order does not require a specific relationship like a DVRO. A CHRO can protect you from a variety of individuals. Such protections do not require physical conduct or abuse. Cyber abuse can warrant a CHRO.
Workplace Violence Restraining Order
A Workplace Violence Restraining Order provides employees with protection from workplace violence. A Workplace Violence Restraining Order can only be requested by an employer on behalf of an employee.
Private Post-secondary School Violence Restraining Order
A Private Postsecondary School Violence Restraining Order provides students with protections from violence in a private postsecondary school. These restraining orders can only be requested by the chief administrative officer or an officer or employee designated by the chief administrative officer on behalf of a student.
Firearms Restraining Order
A Firearms Restraining Order bars an individual who is deemed to pose a significant danger of personal injury to him/herself, or another from owning, possessing, purchasing, receiving or attempting to purchase or receive a firearm or ammunition. A Firearms Restraining Order can only be requested by an immediate family member or law enforcement agency.
Mendes Weed, LLP offices are located in Walnut Creek and our skilled attorneys provide family, tax, business and trust law assistance for clients. For your convenience, we also have attorneys' offices in San Francisco and Sacramento by appointment only.
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