Restraining Orders

restraining-bannerDisputes and confrontations are inevitable with relationships, friendships, and family members. However, when there is a line that is crossed in domestic relationships or civil harassment, there are legal avenues to take to protect yourself from unnecessary harm. At ADLI Law Group, we work with a variety of family law issues, including dealing with restraining orders, to provide you with the legal protection necessary to live your life without disruptions, violence, or harassment from family members, coworkers, and individuals. A restraining order, in the simplest terms, is a legally binding document that protects you from someone who is abusing you, physically or verbally.  In this blog post, we’re going to explore the four types of restraining orders you can ask the court for to protect you.

Civil Harassment Restraining Orders

If you are suffering from stalking, threats of violence, harassment, sexually abused or experienced violence from an individual, friend, neighbor, roommate, or coworker. It is important to note that a civil harassment restraining order can not be filed if the person you are trying to restrain is a spouse/partner, an individual you previously dated, or close relative (not counting aunts, uncles, and cousins). The restraining order can be issued if there has been a history of abuse or threat of abuse, as well as threats that warrant you to feel scared, harassed, or just bothered. It is important to note what California law deems as “harassment”. According to the Judicial Branch of California, harassment is “unlawful violence, like assault, battery, or stalking, a credible (real) threat of violence, and a violent act or threats that seriously scare, annoy, or harass someone if there is no valid reason for it”.

restraining-picDomestic Violence Restraining Orders

As noted before, disputes and confrontations are a normal part of intimate relationships, but there is a certain point where a dispute gets physical and becomes a case of domestic violence. Viewing some of the legal avenues you could take, a restraining order could help mitigate the damages that domestic violence as strained on your life. To define domestic violence, an intimate partner, someone you recently or still currently date, or a family member has physically assaulted you and left a visible mark. For example, your partner punching you and resulting in a broken rib is an example of domestic violence. This violates California State Law Penal Code 273.5 pc and warrants you the ability to file for a restraining order.

Workplace Violence Restraining Order

As an employer, your workplace should be a protected place for you from any form of harassment, threats of violence, or violent actions. However, if you or one of your employees are experiencing problems at work and have suffered from serious harassment, violence, stalking and/or a credible threat of violence, a workplace restraining order can be filed. It is important to note that a workplace restraining order can only be filed if you are the employer and notice harassment of an employee. An employee can no
t file a workplace violence restraining order, but a civil harassment restraining order.

Elder or Dependent Adult Abuse Restraining Order

Being dependent can take a toll on your morale, but being dependent does not mean you have to quietly suffer from abuse, physically, mentally, or financially. If you are an elder, 65 or older, or a disabled individual between the ages of 18 and 64, and suffer from abuse, an elder or dependent adult abuse restraining order can be filed. This not only considers physical abuse, but financial abuse as well. Because you are dependent, a lot of the times, your finances are left to be dealt with by your caretaker, trusted friend or family member. If that individual is exploiting your finances, a restraining order can be filed to protect you and give you the first step in pursuing further lawsuits. Furthermore, if there is neglect or deprivation, which causes you to suffer physically, mentally, and emotionally, you can get a restraining order. If you notice that a loved one is a dependent elder and has suffered from any of these abuses, or are a dependent elder or adult and recognize that you are not receiving ethical care, a restraining order can be filed to protect you.

restraining-blog-ctaThe Power of a Restraining Order

Now that we have explored the four different kinds of orders you can file, let’s take a look at what a restraining order can do. First, you can get a residence exclusion order if the restrained person lives in your home. This orders them to move out and take personal belongings until there is a formal court hearing. This is applicable for elder or dependent adult abuse restraining orders, as well as domestic violence. There is then the  personal conduct orders, which asks the restrained person to immediately stop specific acts, such as sexual assaulting, harassing, property destruction, hitting, and so on. Then there are stay-away orders, as its name implies, requires individuals to stay away from protected individuals at a certain distance from their home, work, child, vehicle, and other places where harassment or violence could occur.

When it comes to filing a restraining order, it is seen as a first step in protecting yourself from harm and/or abuse. This is not something to be taken lightly, and can be filed in four separate kinds of orders as discussed above. Restraining orders can be a first step in pursuing elder abuse or domestic abuse cases, and provide you with the space and legal protection to feel safe again. Furthermore, it gives you legal protection, so if the restrained person violates the order, then legal ramifications can be pursued. At ADLI Law Group, we have experienced and top family law attorneys to offer legal advice and get you the protection needed. We understand the stress these situations can bring in your life, and work with you to guide you through the legal process.

Learn more about our family law services, as well as a variety of other legal services offered at ADLI.