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Restraining Orders


Introduction: What is a Restraining Order?

In California, a restraining order is a legal order issued by a court to protect an individual (the petitioner) from harassment, abuse, threats, or violence by another person (the respondent). Restraining orders are designed to provide immediate legal protection and prevent further harm. There are different types of restraining orders in California, each serving a specific purpose.

Individuals suffering from domestic abuse should call the National Domestic Abuse Hotline (800-799-7233) to receive immediate help and care. 



Types of Restraining Orders

  1. Domestic Violence Restraining Order (DVRO):

    • Purpose: Issued in cases involving domestic violence, abuse, or threats between individuals who have a close relationship, such as spouses, partners, family members, or cohabitants.

    • Protections: Can include orders to stay away from the victim, no contact, move-out orders, and child custody orders.

    • Duration: Temporary orders can be issued immediately, and a court hearing is scheduled for a more permanent order.

  2. Civil Harassment Restraining Order:

    • Purpose: Applies to situations where there is harassment, stalking, or credible threats of violence that do not involve close relationships (e.g., neighbors, roommates, non-family members).

    • Protections: Similar to DVRO, may include orders to stay away, no contact, and cease harassment or stalking.

    • Duration: Can be issued on a temporary basis, and a hearing is scheduled for a more long-term order.

  3. Elder or Dependent Adult Abuse Restraining Order:

    • Purpose: Protects elders, over the age of 65, or dependent adults (those with physical or mental limitations) from abuse, neglect, or financial exploitation.

    • Protections: Orders can include stay-away orders, no contact, and measures to prevent financial abuse.

    • Duration: Temporary orders are issued initially, and a court hearing is scheduled for a more permanent order.

It may be difficult to determine what Restraining Order is best to gain the immediate protection you need. Depending on the type of Restraining Order the standard of proof needed to be shown to obtain a Restraining Order may be different. Trying to navigate the complexities of proving a Restraining Order without legal knowledge can be difficult and stressful during an already stressful time. Olsen and Olsen will provide the litigation experience necessary to present your case in a matter to best obtain a restraining order.


Actions that Courts may find constitutes Domestic Violence

  • causes or attempts to cause you physical injury;

  • sexually assaults you;

  • makes you fear that you or another person is in danger of immediate, serious physical injury;

  • molests, attacks, batters, or strikes you;

  • stalks you;

  • threatens or harasses you - either in person or through phone calls, emails, or other methods;

  • destroys your personal property; or

  • “disturbs your peace,” which refers to conduct that destroys your mental or emotional calm, including coercive control.

Accused of Domestic Violence

Individuals who are being accused of being perpetrators of domestic abuse need to seek legal help immediately. A domestic violence restraining order can impact you in a variety of ways:

  • Reduce the ability to receive spousal support.

  • Result in court ordering you to move out of your family home.

  • Make presumption against you from having either legal or physical custody of your children.

  • Limit your ability to go to your children's school and extracurricular events.

  • Places your name on a permanent police registry of individuals with domestic violence restraining order.

If you have been  accused of abuse or harassment in a restraining order hearing you need to take immediate action and hire an attorney to protect your interests.



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