Restraining Order

A restraining order is a court order that protects one person from another person’s physical abuse, threats, stalking, or harassment. If the court has ordered a restraining, failure to abide by the court’s orders can lead to criminal charges.

There are different types of restraining orders available depending on the situation. The following list the type of restraining order that can be filed:

  • Domestic Violence Restraining Order
  • Civil Harassment Restraining Order
  • Elder or Dependent Adult Abuse Restraining Order
  • Workplace Violence Restraining Order

If the court issues the restraining order, you will be given instructions on what you can do and what you cannot do. This will usually involve the following:

  • Stay away from the person that asked for the restraining order
  • Do not possess a gun or firearm while the order is in effect
  • Move out of the house
  • Follow child support and visitation orders
  • Pay child support
  • Stay away from pets named in the order

Domestic Violence Restraining Order

The court can issue a domestic violence restraining order if there is some form of abuse or harassment between people who share a close relationship.

A close relationship refers to people who are married, dated, have children together, family, etc. If you don’t qualify for a domestic violence restraining order, you have other options such as a Civil Harassment Restraining Order.

The abuse can come from physical abuse, harassment, threats, stalking, or any type of action that causes fear for one’s safety or life. Abuse can be physical, written, or verbal.

A domestic violence restraining order can have severe consequences if there is a child involved. If a domestic violence restraining order is ordered against you, it is presumed that you are not a fit parent and you may lose custody of your child. This can lead to a number of separate issues including child visitation rights and child support ordered.

Civil Harassment Restraining Order

A civil harassment restraining order can be obtained when there is some type of abuse from someone who is not close to you or does not qualify under the domestic violence restraining order requirements.

Harassment is any type of violence, threats, or any actions that annoy done on purpose and for no good reason. Civil harassment restraining orders can be available for neighbors, roommates not in a dating relationship, co-workers, etc.

A civil harassment restraining order will require the restrained person to stay away, move out, not contact the other person, and will not be able to own or possess a gun or firearm.

Elder or Dependent Adult Abuse Restraining Order

An elder or dependent adult abuse restraining order is available to a person 65 years or older, or anyone between the ages of 18 and 64 with certain types of disabilities. A restraining order can be issued if there has been some type of

  • Physical or financial abuse,
  • Neglect, abandonment or
  • Treatment that has physically or mentally hurt the person

A restraining order will require the restrained person to

  • Stay away from the person
  • Not contact the person
  • Not own or possess any firearms
  • Pay restitution

Workplace Abuse Restraining Order

A Workplace Restraining Order can be obtained by an employer for an employee to protect the employee from a threat of violence in the workplace. An employee cannot file for a workplace restraining order, although there are other alternatives for an employee like a civil harassment restraining order.

This is available to an employee who has been a victim in the workplace of:

  • Violence
  • Threats
  • Stalking
  • Actions to cause fear for the employee’s life

A restraining order will require the restrained person to

  • Stay away
  • Do not contact the employee in any form
  • Do not own or possess a gun or firearm

The Law Offices of Nam Q. Doan | OC Legal Defense can file a restraining order for you or help you in defending yourself in court. Consult with an experienced Orange County restraining order attorney and let a professional handle your matter. Call today at (714) 248-DOAN (3626) for more information.