A Restraining Order is a court order that helps people who are being abused. The abuse is commonly a physical act of violence by one person to another to hurt someone. Some actions considered abusive are hitting, kicking, scaring, throwing things, pulling hair, pushing, following/stalking, harassing, sexually assaulting, or the act of threatening to do any of these things. Abuse can be spoken, written, or physical.
A Domestic Violence Restraining Order can be filed against a person that has abused you and with whom you have had a close relationship (married or registered domestic partners, divorced, separated, dating or used to date, live together or used to live together), or to whom you are related (parent, child, brother, sister, grandmother, grandfather, in-law). Living together implies more than just being “roommates.”
A Domestic Violence Restraining Order can order the restrained person to:
The California Code of Civil Procedure defines harassment as either:
The victim must establish by “clear and convincing evidence” that one of the three definitions of harassment listed above have occurred. To put a quantitative number to this definition the court must believe with approximately 80% certainty that the harassment took place.
A Restraining Order can protect an elderly or dependent person from physical, emotional or financial abuse. It can also order someone not to harass them or destroy their property and can prevent someone from staying in their home unless that person is an owner of the property where the elderly or dependent person lives.