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Understanding Provisions In The Different Types Of Protective Orders

Understanding Provisions In The Different Types Of Protective Orders

In California, different types of protective orders can be issued on behalf of a protected person, and those orders can include a variety of provisions, depending on your particular circumstances. Protective orders in family law cases often involve allegations of harassment or abuse. Restraining orders are issued by courts to order the restrained person to do something or cease doing something.

For example, the court can order a restrained person to move out of the family home and stop contacting the other protected party under a domestic violence restraining order. Restraining orders can place significant restrictions and limitations on the restrained person, such as prohibiting the ownership, possession, or purchase of firearms. Keep reading to learn more about restraining orders and the types of provisions that can be ordered by California courts.

Four Types Of Restraining Orders

In California, there are four types of restraining orders:

  • Domestic violence restraining orders are granted when there are allegations of abuse between people with a close relationship or a prior close relationship, such as a spouse or former significant other. Domestic violence restraining orders may also be issued when a child has suffered abuse at home.
  • Civil harassment restraining orders involve allegations of abuse, harassment, stalking, or threats between people who have a more distant relationship with each other, such as neighbors, coworkers, or cousins.
  • Workplace violence restraining orders are appropriate for employers seeking to protect an employee who has faced stalking, serious harassment, violence, or threats of violence in the workplace. If an employee wants a restraining order against a coworker, the employee must seek a civil harassment order instead.
  • Elder or dependent abuse restraining orders are issued to protect victims of abuse who are older than 64 or have mental or physical disabilities that limit their ability to protect themselves. Allegations may involve physical abuse, deprivation of basic things or services, neglect, emotional abuse, or financial abuse.

Restraining Order Provisions

Restraining order provisions are the terms set forth in the court order that require the restrained person to do or not do certain things. There are three types of restraining order provisions: stay away orders, personal conduct orders, and move out orders. As mentioned above, these provisions can significantly impact the restrained person’s rights and responsibilities.

Stay Away Order

Stay away orders require the restrained person to stay away from protected persons and specific locations, such as the protected person’s home, school, daycare, or place of work. These orders can also place limits on the distance the restrained person can be from the protected person. For example, the court may order the restrained person to stay 500 yards or more away from the protected person at all times.

Personal Conduct Order

Personal conduct orders are issued to stop the restrained person from engaging in certain conduct or behaviors that could harm or negatively impact the protected person. Essentially, these orders tell the restrained person to stop doing something that he has done or threatened to do in the past.

For example, the court may order the restrained person to stop texting or calling the protected person. Other provisions frequently relate to the restrained person’s history of abuse, harassment, disturbing the peace, or destruction of the protected person’s property.

Move Out Order

As mentioned above, the court can order the restrained person to move out of his or her residence. In addition to moving out, the order can also prohibit the restrained person from taking property, other than personal belongings and clothing, from the home.

Move out orders are common in domestic violence restraining orders to require the accused abuser to move out of the family home. They are also frequently ordered in elder or dependent abuse cases where the restrained person lives with the protected person.

Violation Of Protection Orders

Law enforcement officers and courts take restraining order violations seriously in California. The consequences for violating a protection order can be severe. If the court finds that a restrained person violated protective order provisions, it may impose monetary fines and up to one year in jail for each violation.

California Orders For Protection Attorney

If you have questions or need help with orders for protection in California, family law attorney Bruce A. Mandel can help. We know that protection order matters can be complicated and emotional. We provide professional, respectful, and compassionate legal services.

Contact our office at 424-250-9130 or complete our online form to schedule a free and confidential consultation. Follow our Facebook page to learn more about our law firm and California family law matters.