When any type of relationship shows signs of abuse or danger, panic can lead to indecision and confusion. However, it is important to stay informed of the legal relief available in these situations. According to a report from the New York-based advocacy organization Safe Horizon, one in four women will experience domestic violence during their life. Further, a study conducted by the U.S. Department of Housing and Urban Development shows that domestic violence is the third leading cause of homelessness in the United States. Therefore, if you are experiencing an abusive or unsafe relationship with another individual, you may need to file a restraining order in California to keep yourself safe.
What is a Restraining Order?
A restraining order is a legally enforceable court order that prohibits an individual (the restrained person) from engaging in abusive activities or conduct against another person (the protected person). “Abuse” as applied to restraining orders can mean a number of things. For example, abuse may include:
- Excessive and inappropriate contact (e.g. phone calls, emails, texts, social media interaction) or stalking
- Physical abuse, whether sexual or otherwise
- Verbal or physical threats of violence
- Harassment
- Destruction of property
- Other inappropriate conduct
How Does a Restraining Order Work?
A restraining order may place one of three main prohibitions on an individual: restraints on personal conduct, stay-away orders, and residence exclusion orders.
Restraints on Personal Conduct
A personal conduct order prevents the restrained party from engaging in activities directed at a protected party or person. In other words, it prohibits the restrained party from engaging in conduct that is otherwise allowed. The court orders personal conduct restrains to prohibit the restrained party from carrying on with abusive activity.
Stay-Away Orders
A stay-away order is exactly what it sounds like: an order that the restrained party stay away from the protected party for a set period of time, and at a set distance. Sometimes, abuse is not so much about physical interaction, but the perceived or actual threat of physical or emotional violence or abuse. As a result, these orders take into consideration the role that proximity can play in an abusive relationship. Schools, places of employment, residences, vehicles, and other places relevant to the protected person’s daily life are all areas from which the order may prohibit the restrained party from visiting.
Residence Exclusion
Finally, residence exclusion orders force the restrained party to vacate the house, apartment, or dwelling of the protected party. The court reserves this type of relief for situations involving either domestic violence or elder abuse. A party served with a residence exclusion order may only take necessary personal belongings. Then, they may not return to the residence until after a court hearing.
Typical Circumstances for Filing a Restraining Order in California
There are four main circumstances under which a person may file a restraining order in California. Each circumstance is based on the relationship between the protected party and the abuser.
Domestic Violence
To file a domestic violence-based restraining order, the applicant must have been abused by someone with whom he or she has a close relationship. In determining whether the parties are closely related, the court will consider factors such as whether the parties are married or registered domestic partners, whether they are divorced or dating (past or present), whether the parties are cohabiting, or if they are related by blood or law.
Elder/Dependent Adult Abuse
For an applicant to file for an elder or dependent adult abuse restraining order, they must show one of two things. First, the applicant must be 65 years old or older. Otherwise, an applicant between the ages of 18 and 64 must suffer from a qualified mental or physical disability. Furthermore, this disability must prevent them from protecting themselves against the abuser. In addition, the applicant must show that they are the victim of either financial or physical abuse, neglect, or abandonment. On the other hand, they may also show they are being deprived of the services or treatment needed to avoid physical, emotional, or mental suffering.
Civil Harassment
Civil harassment is similar to domestic violence, but does not require evidence of a close relationship. Instead, these restraining orders allow parties to file against their employer, strangers such as virtual stalkers, distant family members, friends, neighbors, and acquaintances. Other than this distinction, a civil harassment-based order is similar to a domestic violence-based order.
Workplace Violence
A workplace violence order is a restraining order that employers may file due to a harassed, stalked, or abused employee. The purpose is to protect the employee, employer, and all other parties in the workplace against a threat of violence.
Note that only employers may file a workplace violence order. On the other hand, an employee would seek the aforementioned civil, elder/dependent adult, or domestic violence restraining order.
A People’s Choice Can Help you File a Restraining Order in California
You can simplify the process of filing a restraining order by hiring the team at A People’s Choice to prepare the necessary forms for you. As one of California’s premiere legal document assistance services, the staff at A People’s Choice have decades of experience. We provide cost-effective assistance to our clients hoping to avoid the hassle of dealing with an attorney. If you are considering filing a restraining order, or need help with any other legal documents, let A People’s Choice take away the stress of preparing the paperwork. Reach out to us today and we can start your paperwork ASAP!
Hello I moved In with an estranged daughter in law how rents from her mother the daughter in law has raised the rent 3 x from $400 to $500 now 600 in 8months Of being there. Thru the 8 months all she has done is scream at her husband threaten to throw me out. Smoke weed. Slam doors all hours of the night. Go thru my belongings. Steal some of my things and cause me stress and anxiety as she creeps around the house and my door now she’s complaining her electric bill is higher and wants me to help pay. Or get out. We have no lease but have given her money she never shuts up. And now she has gotten in my face I’m afraid She rattles around my door all the time. WHAT CAN I DO. ? Restraining order? I’m 58 and haven’t come out my room in the time I’ve been here.
You should speak with an attorney.
Hello mother and father in law are constantly stalking my husband and I at work at home and at other family events deserving thru traffic and the freeway trying
To “get” to us don’t know what to do..
Hello,
If you are in any danger, you should call 911 immediately. If you’d like to file a restraining order, we can prepare the documents for you. You can call us at 800-747-2780.
Thank you,
Im in a situation where a family member is coming to the house whenever they want and we have told them to not come over all the time but still doesn’t listen what should we do? Should I get a restraining order?
Hello,
If you are in any danger you should call 911 immediately. Otherwise, a restraining order may be an avenue to explore. We cannot advise on what you legally should do however. You may want to speak with an attorney to help you decide on the best course of action.
Thank you,
I am in a situation involving my son-in-law a daughter-in-law and his spouse. They are trustees to my deceased husband’s estate and are being very abusive mentally. They have stolen my car, tried to move into my house,and owe me 3 months of support. They also discharged my housekeeper, cancelled my credit cards and cell phone. I am 65 years old and handicapped .
They are also very abusive on Social Media They are mad that their father made provision for me before he died. I’m worried that they may resort to violence against me…like ordering a hit. Do I need a restraining order for protection?
Hello,
You should contact 911 if you are in any danger and speak with an attorney.
Thank you,
I have people living now in my home never wanted them to stay but 5 months later. How to remove them fast. Had sheriff called to my house to many times sheriff wants them gone but can’t I’m till they have the notice to vacate
.please help ? Curtis Harris
I would recommend you contact an unlawful detainer attorney.
I am trying to file a restraining order for harassment. I dont know what to do.
Give our office a call at 800-747-2780 for help with the required documentation for a restraining order.
Hi there. Looking for information about my current situation. I was solicited by a member of the fitness facility I used to work at, to move into her house for FREE rent and room/board for 6 months while I finish school and save for my apartment. She said she was lonely and her kids didn’t come over anymore, and convinced me to move all of my things starting last week of July. Once I moved in, she started sending me lies and harrasing messages and making me feel unwanted. I later found out her from her teen kids that she’s supposed to be on meds and is “crazy”. She decided by August 10th that she wanted to kick me out because her kids wanted to be around me more than her. She is forcing me out after I just moved in, just started school FT and a new job, and causing me so much stress. I have been sleeping on people’s couches and she won’t even face me, only message me saying i need to move out. I now had to sign a lease for an expensive apartment to pay by myself as of sept. 10th. I was rushed into finding something and anything available soon. She said she would pay for the truck and movers but can’t be trusted or reliable. What do i do?
Talk to an attorney to get legal advice.
Someone is trying to kill me
Hello,
If you are in immediate danger, call 911 as soon as possible.
Hi how can you evict someone if you have everything in text message and they moved their boyfriend in which you were ok with until you found out he is a criminal possibly on probation you are the tenant and you got a roommate on a month to month they are now trying to threat you and have not paid rent this month . Your landlord does not know you rented out a room and he really does not care as long as he gets his rent
You may want to speak with an attorney regarding your situation and what you can do.