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Restraining orders in California

On Behalf of | Mar 4, 2022 | Domestic Violence |

Victims of domestic abuse may fear for their safety, leading them to seek a restraining order. Sometimes, a troubled spouse or partner might tell untruths to the court as a way of punishing an innocent person. Regardless of the specific circumstances, the victim and the accused must follow the respective California laws associated with protective orders. All parties may soon discover that there are different types of restraining orders.

Different restraining orders in California

Someone who maintains a close relationship with another person may not abuse or threaten the individual. If someone accuses a spouse, parent, child, or partner with such actions, the victim might request a domestic violence restraining order. California law establishes other protective orders available to those not involved in a close relationship with an abusive person.

A civil harassment restraining order comes into play when the troubling behavior comes from a friend or distant relative. Older persons might seek an elder/dependent adult abuse restraining order. Workplace violence restraining orders exist, as well. A co-worker’s frightening or unhinged behavior might leave some concerned about their safety, and some news accounts reveal how dangerous an office stalker or disgruntled employee may become.

Responding to claims of domestic violence

Anyone accused of domestic violence, workplace violence, elder abuse, or civil harassment may have a day in court to present a defense. Granted, the petitioner might receive an immediate temporary restraining order. The temporary order remains in effect until a hearing date for a permanent restraining order.

The hearing allows the accused to counter any claims and present supporting evidence. If the court feels a restraining order is not warranted and does not issue one, the accused won’t face the troubles a permanent restraining order brings.