RESTRAINING ORDER

A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. Typically, the person getting a restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.” Sometimes, restraining orders include other “protected persons” like family or household members of the protected person. (cite CA courts.gov)

In general restraining orders can include “Personal Conduct Orders.” These are orders to stop specific acts against everyone named in the restraining order as a “protected person.” Some of the things that the restrained person can be ordered to stop are: contacting, calling, or sending any messages (including email); attacking, striking, or battering; stalking; threatening; sexually assaulting; harassing; destroying personal property; or disturbing the peace of the protected people. (cite CA courts.gov)

“Stay away” orders on the other hand are orders to keep the restrained person a certain distance away (i.e. 500 feet) from: the protected person or persons; where the protected person lives; his or her place of work; his or her children’s schools or places of the childcare; his or her vehicle; or other important places where he or she goes. (cite CA courts.gov)

Residence exclusion (“kick out” or “move out”) orders are orders telling the restrained person to move out from where the protected person lives and to take only clothing and personal belongings until the court hearing. These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases. (cite CA courts.gov)

If you find yourself in an unfortunate situation that requires the court’s intervention to better protect your physical, mental, and emotional well-being, our family lawyers can better assist you in choosing the right type of order that is tailored to your short and long-term needs.