What are the Different Kinds of Restraining Orders in California?

The California Courts provide various ways to protect you and your family from abuse and harassment in many different situations. Listed below are the different kinds of Protective Orders available and a brief description of each one.

Emergency Protective Order or EPO

An emergency protective order is available 24 hours a day from the police. An EPO protects victims of abuse, serious harassment, or stalking. It is issued by a law enforcement officer with the permission of a Judge or Commissioner. This is usually done immediately at the scene of the incident.

Domestic Violence Restraining Order

This type of Restraining Order, as discussed in the previous post, protects individuals from family members, spouse or former spouse, parties that have a child together, or parties that have a current or past dating relationship.

Civil Harassment Restraining Order

A Civil Harassment restraining order is issued when a person has suffered harassment by any of the following: unlawful violence, a credible threat of violence or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person and that serves no legitimate purpose. It protects individuals from others than those listed in a Domestic Violence Protective Order.

Elder and Dependent Adult Abuse Restraining Order

This order protects elders and dependent adults from physical and financial abuse, neglect, isolation, abduction, harm, or deprivation by a caregiver.

Workplace Violence Prevention Restraining Order

A Workplace Violence Restraining Order is given when an employee has suffered unlawful violence or a credible threat of violence from an individual that can reasonably be construed to be carried out or to have been carried out at the workplace.

Criminal Restraining Order 

A Criminal Protective Order (“No Contact” Order) is a type of restraining order obtained through the District Attorney’s office, and is often issued in active domestic violence cases. With this order, your abuser cannot call, write, e-mail or contact you at all except through lawyers. It protects victims and witnesses from the defendant in other criminal cases as well.

Juvenile Restraining Order

A Juvenile Restraining Order is a court order to protect a person suffering unlawful violence or credible threats of violence from a juvenile.

Two lesser known Restraining Orders are:

Private Postsecondary School Violence Prevention Restraining Order This Order protects students from violence in a private postsecondary school.

Transitional House Misconduct Restraining Order:  This Order protects participants in transitional housing program or program employees or neighbors of the program site.

If your abuser has a lawyer and you don’t, your chances of getting a restraining order are immediately reduced. It is in your best interest to find an experienced attorney to help you in filing a restraining order. This will provide you with the best protection.

http://jdfinder.com is a free legal matching service. Simply fill out the secure mailing form and we will match you to attorneys in your local area that can immediately assist you. We give you the names of the experts from which you can choose. There is no obligation and you are always in charge of hiring the attorney of your choice.

This article is for educational and marketing purposes. It does not form a client-attorney relationship.

Leave a Comment