Restraining orders are legal documents that protect individuals from physical harm or abuse. These orders are issued by the court and prohibit one person from contacting or being near another. In California, there are several types of restraining orders available to victims of abuse, harassment, or stalking. In this article, we will discuss the different types of restraining orders and how they differ from each other.
An emergency protective order is a temporary order issued by law enforcement officials or a judge. This type of order is usually issued in situations where the victim is in immediate danger. It lasts for up to seven days, during which the victim can seek a longer-term restraining order.
A domestic violence restraining order is issued when the victim has suffered abuse or violence from a current or former spouse, cohabitant, or romantic partner. The order can prohibit the abuser from contacting or coming near the victim, as well as require them to move out of the shared residence. This type of order can last for up to five years.
A civil harassment restraining order is issued to protect victims of stalking, violence, or harassment from individuals who are not related to them. This includes neighbors, roommates, or acquaintances. This type of order can also be used to protect individuals from workplace harassment or violence. It can last for up to three years.
A workplace violence restraining order is issued to protect employees from violence or harassment in the workplace. This type of order can be requested by an employer or an employee who has been threatened or harassed by a coworker. It can last for up to three years.
While all restraining orders serve to protect individuals from harm or abuse, there are differences between them. For example, a domestic violence restraining order is specifically designed to protect victims of abuse from a current or former intimate partner, while a civil harassment restraining order can protect individuals from harassment or stalking by anyone, including coworkers or neighbors.
If you are a victim of abuse, harassment, or stalking, it is important to seek help from a criminal defense lawyer or restraining order attorney. They can help you understand your legal rights and guide you through the process of obtaining a restraining order. Understanding the different types of restraining orders in California can help you make an informed decision about which type of order is best for your situation. Remember, restraining orders are an important tool for protecting victims of abuse and preventing further harm.