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Learn About the 4 Types of Restraining Orders That Can Be Issued in California

July 12, 2019

Learn About the 4 Types of Restraining Orders That Can Be Issued in California

No one wants a restraining order issued against them. In the state of California, there are actually five different types of restraining orders a person can face. Keep reading to learn about those four types. If you have been charged with a crime and are facing a restraining order, contact Chambers Law Firm at 855-397-0210 right away and we can provide a free legal consultation.

  1. Domestic Violence Restraining Orders
  2. This type of restraining order is issued, as the name implies, in cases of domestic violence. In most cases, if a person is arrested for domestic violence an automatic emergency restraining order will be issued. The accused will then have their day in court to argue against the restraining order. Your criminal defense attorney can gather evidence to present on your behalf.

    Note that domestic violence requires that the accused abuser and the alleged victim have a specific type of relationship. This includes certain family members and people with intimate relationships. The punishment is often higher for the same crime if it involves a domestic partner.

  3. Civil Harassment Restraining Order
  4. In certain situations, a person may ask for protection even though they do not meet the qualifications of an “intimate partner.” This would include person such as co-workers, neighbors, etc. They can request what is known as a civil harassment restraining order. These are less common but are just as serious as domestic violence restraining orders.

  5. Elder Abuse or Dependent Adult Abuse Restraining Order
  6. This type of restraining order applies to certain vulnerable members of the population. For example, a person over the age of 65 may request an elder abuse restraining order against a loved one or caregiver who is abusing them. An adult who is dependent on others for care can also file for a restraining order. This type of abuse may involve physical and emotional abuse, financial abuse, or neglect.

  7. Workplace Violence Restraining Orders
  8. If an employer is worried that their employee or employees are in danger of violence in the workplace, or a person has threatened violence in the workplace, then a workplace violence restraining order may be issued. Note that the threat must be credible and reasonable. For example, if a co-worker was upset and said, “I wish I could drive a tank over this entire street,” it is likely not a credible threat unless the employee happens to own a tank.

We Can Help You if You Have Been Charged with Violating a Restraining Order

If you have been charged with or accused of violating a restraining order then it is time to contact a criminal defense attorney who can help you. At Chambers Law Firm we will take the time to understand your situation and provide the best possible legal advice. Call us now for a free legal case evaluation.

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