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The Four Types of Restraining Orders Explained

Posted on in Family Law

California family lawyerRestraining orders, also called protective orders, are designed to stop harassment, sexual abuse, and physical abuse. Commonly, restraining orders are used to protect one family members, or intimate partner, from another. There are four types of restraining orders in California, and three aspects to each, which are described below. If you or a loved one is being harassed, stalked, or otherwise abused, a restraining order may be necessary. A Los Gatos family law attorney will be able to help you file for a restraining order so that protection begins as soon as possible.

What Will a Restraining Order Accomplish?

Under California law, there are four types of restraining orders:

  • Domestic Violence Restraining Order;
  • Elder or Dependent Adult Abuse Restraining Order;
  • Civil Harassment Restraining Order; and
  • Workplace Violence Restraining Order.

The most common use of any type of protective order is that of domestic partner violence. There are three aspects to a restraining order that you may ask from the court. The first is a personal conduct order, which restrains the abusive person from:

  • Contacting you by email, phone, text, or any other means;
  • Stalking you;
  • Attacking or striking you;
  • Threatening you;
  • Harassing you;
  • Destroying your personal property; and
  • Disturbing your peace.
  • The second part of a restraining order is a stay away order, which restrains the person from coming within a certain distance of:
  • Your home;
  • Your workplace;
  • Your school;
  • Your vehicle;
  • Your children’s school or child care; or
  • Other common and important places that you go.

The last aspect of a protective order includes a kick out or move out order. This requires that the person leave the place where the protected person lives and to only take clothing and personal belongings with them until a court hearing.

Do Protection Orders Really Work?

Protection orders are created to reduce the future risk of harm to the victim by the abuser. This is accomplished by restricting the contact that the abuser is allowed, and by creating harsh penalties to dissuade the abuser from continuing their actions. However, do they work? The answer is yes, but with mixed results. According to a meta-analysis published in the Journal of the American Academy of Psychiatry and the Law, despite “controversy about their [protective order] effectiveness, available research supports the conclusion that they are associated with reduced risk of violence toward the victim.”

Call a Los Gatos Lawyer

Thousands of California residents suffer from abuse within their relationships daily, yet do not take the necessary steps to put it to an end. You do not have to fall into this category any longer. Do not wait to take action; protect yourself and your family. Please contact a skilled Los Gatos prenuptial agreement attorney from Ventresca Law Firm at 408-395-8822. We service clients in the Los Gatos, Sunnyvale, Saratoga, Cupertino, and San Jose areas.

 

Sources:

http://www.courts.ca.gov/1260.htm

http://jaapl.org/content/38/3/376

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