How To File a Restraining Order-Part One

What kind of behavior does a restraining order protect against?

Before determining how to file a restraining order in California, a person must think about what that person wants to accomplish with the restraining order. For instance, does that person want to make sure that a person has absolutely no contact with him or her? Or does that person want there the contact to be strictly of a peaceful nature?

Additionally, a person needs to figure out what kind of restraining order needs to be filed. The state of California identifies restraining orders by the relationship between the party seeking the restraining order and the party that person wants the court to restrain. There are civil harassment restraining orders for relationships that are not very close. (This is very different than a domestic violence restraining order which is described below.)

There are domestic violence restraining orders for people who have been in a romantic relationship or who are in a romantic relationship. This applies to dating relationships, domestic partnerships, or marriages. The law does not discriminate based upon the nature or duration of that romantic relationship.

There is also the workplace violence restraining order. An employer utilizes this restraining order to protect an employee from violence or the threat of violence at the workplace. An employee can also petition for a restraining order, but it cannot be the workplace violence restraining order. Instead, it should be either a civil harassment restraining order or a domestic violence restraining order depending on the relationship between the parties.

And finally, there is the elder or dependent adult abuse restraining order. This protection applies to people who are either 65 or older or between the ages of 18 and 64 who have physical and/or mental disabilities and are the victim of abuse or neglect.

Here is the state of California’s guidance on restraining orders Restraining Orders – abuse_selfhelp (ca.gov)