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A Guide to Restraining Orders in California

March 7, 2024 / / 0 Comments

Navigating the complexities of restraining orders can be a challenging and overwhelming process, especially when dealing with issues of safety and protection. In California, restraining orders are legal tools designed to provide individuals with protection from harassment, abuse, or threats from another party. Understanding the different types of restraining orders available and the legal procedures involved is crucial for those seeking legal protection in times of distress. In this blog post, we will provide a comprehensive guide to restraining orders in California to help shed light on this important legal aspect.

The Different Types of Restraining Orders

In California, there are various types of restraining orders, each serving specific purposes and providing different levels of protection. Understanding the nuances of these different types of restraining orders and their legal requirements is essential for victims.

  1. Domestic Violence: This restraining order is sought by an individual who has been subjected to abuse, threats, or harassment by a current or former intimate partner or family member. It aims to protect victims of domestic violence and their children from further harm, requiring the abuser to stay away from the victim and cease all forms of contact.
  2. Civil Harassment: This restraining order is used in cases where an individual is being harassed, stalked, or abused by someone who is not related to them. It provides protection against non-intimate partners, neighbors, acquaintances, or strangers who pose a threat to the victim’s safety or well-being.
  3. Elder Abuse: This is designed to protect elderly individuals (65 or older) or dependent adults from abuse, neglect, financial exploitation, or any form of mistreatment. It is crucial in safeguarding vulnerable older adults from harm and ensuring their safety and well-being.
  4. Workplace Violence: This restraining order is sought in cases where an individual poses a threat or danger to others in a work environment. It protects employees, employers, or other personnel from potential acts of violence, harassment, or intimidation in the workplace.
  5. Gun Violence: A gun violence restraining order is issued when law enforcement has reason to believe that an individual poses a risk of harming themselves or others with a firearm. This legal measure restricts the individual from purchasing or possessing a gun for a specified period. However, it does not have the authority to mandate the individual to stay away from someone.
  6. School Violence: This restraining order protects students, teachers, or school staff from threats, harassment, or violence within an educational setting.

Related: “4 Benefits of Getting a Restraining Order”

Conclusion

When faced with the need for a restraining order in California, it is crucial to seek legal guidance and support from experienced professionals who can navigate the legal system effectively. At Family Law Richard E. Young & Associates in Lake Forest, CA, our team of dedicated attorneys specializes in family law matters, including restraining orders and legal protections. Visit our website at richardeyoungattorney.net or call us at (949) 951-9529 to schedule a consultation and explore your legal options. Let us help you understand your rights and guide you through the process of obtaining the legal protection you need.

4 Benefits of Getting a Restraining Order

June 24, 2022 / / 0 Comments
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Certain events in life can be traumatizing for people, like abuse, being stalked and threatened, or personal property damage. For events such as this, the victim can file a restraining order against the abuser. The law will ensure that the perpetrator does not come into contact with the victim by any means, not even calls or texts. Any sort of contact initiated by the perpetrator is seen as a violation of the law and they can be fined and sent to jail depending on the severity of the transgression. The following are four benefits of getting a restraining order if you feel unsafe with someone.

  • You can request a restraining order for free through a civil court.  

Courts are quick to give out restraining orders under valid terms and conditions. One can request a restraining order against someone who has been abusing or threatening him or her. It is free of charge and can be approved in a day at most to take effect.

  • A restraining order will prevent the abuser from coming to your workplace.

Having the thought that you are unsafe at your workplace is quite distressing. A restraining order stops your abuser from coming to your workplace. To make yourself secure, obtain a restraining order and work in peace knowing that you are protected by the law against a certain person.

  • A restraining order shuts down all means of contact for the perpetrator.

With a restraining order, you are not only safe from their in-person presence, but they cannot reach you online on any platform, neither calls nor texts or emails. The court goes above and beyond with its restrictions on mail as well.

  • You are entitled to keep your personal information private.

If you think that a restraining order might reveal your new address or other personal information to the perpetrator, you can easily opt for your information to be kept private. This way, you and your personal whereabouts are safe.

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Conclusion

 The paperwork and procedures of the restraining order might look complicated but with the help of a lawyer, you can file for one. You deserve to have justice and feel safe. Whether you have been a victim of stalking or unjustly accused of breaking a restraining order, Family Law Richard E. Young & Associates can fight for you. Our services include family law, trust law, bankruptcy law, and more. Give us a call at (949) 951-9529 to schedule an appointment with us. Visit our website for more information.   

The 5 Types of Restraining Orders in California

March 12, 2018 / / 0 Comments

Everyone should be afforded the most basic right of safety in their day to day routine. Unfortunately, strenuous relationships with personal or professional acquaintances can often leave many feeling like that very safety is in jeopardy. In the face of that uncertainty, restraining orders help protect you and your loved ones from those you feel to be a threat.

Of course, when it comes to securing a restraining order, knowing which ones are made available to you can help you better protect what matters most. Read on for a brief rundown of the different restraining orders California has to offer and find an attorney with experience with those kinds of cases.

Domestic Violence Restraining Orders

Like the name implies, domestic restraining orders are reserved for victims of abuse in the home. For a relationship to be eligible for this variety of restraining order, both parties need to either be in a domestic relationship or be closely related. Some examples of these kinds of relationships include:

● Married couples
● Divorced couples
● Both current and former dating couples
● Couples with children

Contrary to popular belief, roommates aren’t eligible for a domestic restraining order.

Workplace Restraining Orders

Reserved for troublesome relationships in the workplace, employers are tasked with securing workplace restraining orders for employees they feel have their safety threatened. Whether the relationship has spurred threats, harassment, stalking, or physical violence, this restraining order is geared to address the issue.

Civil Harassment Restraining Orders

Conversely related to the domestic violence restraining order, civil harassment orders are reserved for relationships that don’t fall into the prior category. Relationships such as neighbors, friends, and family are all eligible for these sorts of restraining orders.

Dependent Abuse Restraining Orders

Abused victims over the age of 65 or those above 18 with mental or physical disabilities can be eligible for a dependent abuse restraining order if they are being physical or mentally abused. In cases like these, “abuse” can mean a variety of things including neglect, abandonment, financial abuse, or even deprivation of care from a designated caregiver.

Emergency Protective Restraining Order

In special scenarios where a victim feels like they are at immediate risk of harm or abuse, they can place a request with their local law enforcement authorities for an emergency protective restraining order. These orders a typically short and very limited in duration and must be regularly extended until a more iron-clad restraining order can be secured.

Conclusion

When it comes to your protection and safety, knowing what options are made available to you is essential. Always stay informed about the different kinds of restraining orders made available to you in California and leave both you and your loved ones’ safety in capable hands.

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