Restraining Orders in the State of California
A restraining order is a type of legal order that requires an individual to do or refrain from doing a particular activity. A person who does not obey the order will face criminal or civil consequences and may be required to accept sanctions or pay damages. Additionally, violations may be deemed a serious criminal offence that results in arrest and possible prison time. The state of California issues restraining orders to protect individuals from being physically or emotionally harmed. The person obtaining the order is referred to as the protected person and the individual the order is against is called the restrained person. Some include other individuals such as family or household members of the protected person.
What Does a California Do?
In general, a restraining order in the state of California includes personal conduct orders to cease certain acts against individuals listed as protected persons. It can have a serious effect on the restrained person, for example, he or she will not be able to go to specific places or engage in certain activities. Examples of activities one may be required to stop include:
• Any type of communication such as telephone calls, letters, and email messages
• Stalking
• Threatening
• Harassing
• Physically attacking including sexual assault
• Destroying personal property
A stay-away order requires the restrained person to stay a specific distance away from protected person or persons and his or her residence, vehicle, workplace, children's schools or child care facilities, and other important places to the person.
A residence exclusion order instructs the restrained person to vacate where the protected person resides and only take personal belongings until the date of the court hearing. There orders can only be requested for certain types.
Types in California
In the state of California, there are four types including a Domestic Violence Restraining Order, Civil Harassment Restraining Order, Elder or Dependent Adult Abuse Restraining Order, and Workplace Violence Restraining Order.
Domestic Violence
An individual can obtain a domestic violence restraining order is he or she has been abused by someone whom he or she has a close relationship such as a romantic relationship (married, domestic partnership, dating, separated, divorced, or live together) or closely related (parent, child, sibling, grandparent, or in-law).
Civil Harassment
A person can request a civil harassment restraining order if he or she is being harassed, abused, stalked, or threatened by an individual that is not categorized in the domestic violence category such as a roommate, neighbor, or distant family member (aunt, uncle, cousin, nephew, or niece).
Elder or Dependent Adult Abuse
An elder or dependent adult abuse can be attained if an individual is aged 65 years or older or between the ages of 18 and 64 and have specific physical or mental disabilities that prevent normal activities or protection of ones self; and the victim of physical, emotional, or financial abuse, neglect or abandonment, or deprivation by a care giver of necessities.
Workplace Violence
A workplace violence order can be requested if a person is an employer and the purpose is to protect an employee who have previously suffered from violence, harassment, stalking, or threats of violence at the workplace. An employee cannot ask for a workplace violence restraining order, it must be requested by the employer. The employee can ask for a different type of restraining order if he or she wants protection.
Steps on Obtaining a California Restraining Order
Obtaining a restraining order in the state of California is a complicated process because of the nature of the order. To request, a person must apply with the local superior court.
1. An individual must completely fill out the required documents, which include a request for the order, temporary restraining order, and notification of court hearing. If the person requesting the order has a child with restrained person, he or she must fill out a child custody, visitation, and support request form. The requester must also check with the local county court to determine if there are any additional local county forms required. The forms should contain precise details to increase the chance of the judge accepting the order.
2. The forms must be delivered to the court clerk to give to the judge. Once the judge examines the forms, he or she will make a decision whether to grant the restraining order. The clerk will inform the requester if the judge seeks to discuss the order.
3. The person must then wait for the judge's decision. The court clerk will inform the requester of the decision by the next business day. The individual receives the documents back with the judge's decision.
4. If the judge does not agree to the order, an individual can request a hearing to have the order reviewed a second time. The judge may grant the request after the hearing. The request can also be re-filed at a later date.
5. After the judge signs the request, the individual receives five copies and should keep a copy on them at all times to show to the police if a problem arises. The individual must provide anyone else protected with a copy of the order. If a restrained person is forbidden for entering specific places such as a school or workplace, the individual should distribute copies at each location.
6. The original order is just temporary, so the requester must attend a hearing to receive the permanent restraining order. The temporary order only lasts three weeks.
7. Once the order is obtained, a process server or police officer will serve the restrained individual with a copy of the order.
More on restraining orders here.
Obtaining a restraining order in the state of California is a complicated process because of the nature of the order. To request a restraining order, a person must apply with the local superior court.
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