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Understanding Orders Of Protection In California

Understanding Orders Of Protection In California

Orders of protection serve to keep victims of abuse, harassment, threats, and other types of unlawful conduct safe from the restrained person. In California, orders of protection are also known as restraining orders. Orders of protection generally prohibit a restrained person from contacting or being near the protected person. The restrained person is prohibited from owning, possessing, or purchasing firearms.

Experienced California family law attorney Bruce A. Mandel knows that securing an orders of protection against another person can be scary but a necessary step to protect yourself. It is important to understand the different types of restraining orders in California so that you know what kind of protection you should seek.

Orders Of Protection For Domestic Violence

Domestic violence victims can ask the court for a restraining order against someone with whom they have a domestic relationship. Domestic relationships involve people who have or used to have a close relationship, such as:

  • A spouse or former spouse
  • Someone with whom you have a current or past dating relationship
  • The other parent of your child
  • A former or current cohabitant

Civil Harassment Restraining Order

A civil harassment restraining order is similar to a domestic violence restraining order, but the relationship between parties is not as close. If someone you have never had an intimate or close relationship with, such as a neighbor or a friend, has abused, assaulted, harassed, or stalked you, you may seek a civil harassment restraining order.

Orders Of Protection For Elder Or Dependent Abuse

Elder or dependent abuse restraining orders are for victims of abuse who are 65 years old or older or are dependent adults. A dependent adult is over 18 years old with mental or physical disabilities that make him or her more vulnerable to abuse. Common types of elder or dependent abuse include the following:

  • Physical abuse
  • Emotional abuse
  • Financial abuse
  • A caregiver depriving the victim of basic needs or services
  • Neglect

Workplace Violence Restraining Order

Unfortunately, workplace violence is becoming more common in California and across the country. A workplace violence restraining order may be appropriate for employees who have faced acts of violence or credible threats of violence in the workplace. In California, only employers may seek this type of restraining order on behalf of an employee.

Criminal Protective Restraining Order

Criminal protective restraining orders are different from the aforementioned restraining orders because state prosecutors, rather than victims, ask the court to issue a restraining order on behalf of a victim or witness to a crime. Criminal protection orders are generally issued in criminal matters after the restrained person has been accused or convicted of a crime.

It is not uncommon to have more than one restraining order in place between the same parties. If a judge has issued a criminal protective restraining order on your behalf, your attorney may also recommend seeking a restraining order in a California civil court.

Juvenile Restraining Order

If your child has been the victim of violence or threats of violence, you may request a juvenile restraining order to protect your child. For example, if your child’s other parent has physically harmed or threatened to physically harm your child, you can ask the court for orders of protection.

Juvenile restraining orders may order the restrained person to move out of the child’s home, stay away from the child, and stay away from specific locations, such as the child’s school. Juvenile orders may also serve to prohibit or limit contact between the restrained person and child.

Emergency, Temporary, And Permanent Restraining Orders

Orders for protection can be issued on an emergency, temporary, and permanent basis, depending on your case circumstances. If you or your child is in immediate danger, a law enforcement officer may request an emergency order for protection.

You can apply for a permanent restraining order, and your case will be set for a hearing on the matter. If you are currently in danger and need protection before the hearing, a judge can issue a temporary restraining order to keep you safe from the restrained person until the hearing.

California Orders Of Protection Attorney

If you have been the victim of violence, threats, harassment, or intimidation, you need an attorney who has experience with orders of protection. Contact California attorney Bruce A. Mandel to schedule a free and confidential consultation at 424-250-9130, or submit an online form, and we will get in touch with you as soon as possible.

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