Three Main Types of Restraining Orders
Generally, there are three types of restraining orders that regulate personal conduct. They are, 1) Civil Harassment, 2) Domestic Violence Restraining Orders, and 3) Elder or Dependent Adult Abuse Prevention Restraining Order. Each type of restraining order has different requirements to be granted, and types of orders that can be made. The attorneys at Stirling Law can provide guidance on which is the best restraining order to pursue.
1.) Civil Harassment Restraining Order
There are different types of restraining orders. A civil harassment restraining order is against someone you are not closely related to or have not had an intimate relationship with. This includes a neighbor, a landlord, or a co-worker.
A civil harassment restraining order can be granted against someone who has harassed, stalked, threatened, or harmed another person emotionally or physically.
A judge can grant a restraining order to protect someone, their family members and their pets. Once a judge grants a restraining order, the police can be called to enforce it.
A civil harassment restraining order can include these types of orders:
- No contact
- Not harass, stalk, threaten, or harm people protected by the order
- Stay away by a certain distance
- Cannot own or have firearms or ammunition
Generally, to obtain a Civil Harassment Restraining Order it must be established that “Harassment” occurred. Generally, Harassment,” is defined as, unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.” C.C.P. § 827
2.) Domestic Violence Restraining Order
Domestic Violence Restraining Orders (DVRO) protect individuals that have been in a relationship/dating partner, and family members. Generally, to obtain a restraining order, the party must show that the other party has abused or threatened to abuse him/her or his/her minor child, and that there is a family, dating or prior dating relationship.
3.) Elder Abuse or Dependent Abuse Restraining Order
Elder Abuse Restraining Orders are governed by the Elder Abuse and Dependent Adult Abuse Prevention Act. Elder Abuse restraining orders are generally available to individuals 65 years of age or older. These restraining orders recognize abuse beyond the typical harassment, stalking and assaultive conduct that the other restraining orders recognize. Some additional types of conduct that can give rise to an Elder Abuse Prevention Restraining Order include financial abuse and conduct that causes mental suffering. These types of restraining orders are often sought in conjuction with an action for personal injury based on Elder Abuse.
If you are in need of a restraining order, or need to defend against a restraining order, contact the Law Office of Robert Stirling. We can work with you to determine the best restraining order for your particular situation, gather necessary evidence and present it in a persuasive manner.
Law Office or Robert J. Stirling
333 University Avenue, Suite 200
Sacramento, CA 95825
Telephone: (916) 851-5909
Facsimile: (888) 655-7394
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