Restraining Orders and Protective Orders in Orange County California
A restraining order, also known as a protective order, can be issued in California to protect one person from physical or sexual abuse, threats, stalking, or harassment. It may be issued to prevent domestic violence, or it may be issued to protect someone from a stranger. When a protective order is issued, the ‘protected person’ receives protection from the ‘restrained person’.
What Types of Restraining Orders Exist in OC California?
The four most common types of restraining orders are:
• Domestic Violence Restraining Order - This applies when abuse occurs, and there is a relationship between the abused and the abuser. They may be related, or have had a social relationship such as boyfriend/girlfriend, father/son, teacher/student, or spouses.
• Elder or Dependent Adult Abuse Restraining Order - This type of order applies when a person who is either over 64 years old or an adult who has certain physical or mental disabilities is a victim of abuse, neglect, or deprivation.
• Civil Harassment Restraining Order - This is similar to a domestic violence restraining order, but instead applies to any person who is being stalked, abused, threatened, or harassed by someone with whom they do not have a relationship.
• Workplace Violence & Harassment Restraining Order - These can only be requested by employers, and is used to protect an employee who has been a victim of stalking, abuse, threats, or harassment in the workplace.
How Can a Restraining Order in OC California Protect Someone?
Filing any of these types of restraining orders in Southern California offers protection to the protected person from the restrained person. The following are components of a protective order that can be included in a court-issued restraining order.
A Personal Conduct Order - A restraining order may be issued to stop specific acts against the protected person or persons. It can prevent a restrained person from contacting the protected person in any way, or from stalking, harassing, threatening, or assaulting them.
A Stay Away Order - These orders require the restrained person to remain a specific distance away from the protected person, his or her workplace, home, children, children’s place of school, work, or childcare, his or her vehicle, and other important places the protected person may spend time.
A Residence Exclusion Order - These apply to situations where there is a relationship between the protected person and the restrained person: a Domestic Violence Restraining Order or an Elder or Dependent Adult Abuse Restraining Order. A residence exclusion order requires the restrained person to remove his or her clothing and belongings from the protected person’s home until the court hearing.
How Can I Obtain a Restraining Order in OC California?
If you’re in need of a protective order in Orange County California, it is in your best interest to speak to a lawyer as soon as possible and to obtain a temporary restraining order so that you can receive immediate protection. Restraining orders offer various protections from abuse, but it is important to remember take the necessary steps to put a stop to it. Contact Yanez & Associates today to get started.
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