A restraining order is beneficial if someone threatens your safety, peace, or well-being. Courts issue restraining orders to stop dangerous behaviors, restrain contact, impose distance, or stop prohibited activities that cause fear or distress.
You could seek a restraining order for various reasons, mainly when a dispute gets out of hand. If you experience harassment, threats, or boundary violations, your attorney can help restore security through legal measures. The type of restraining order and how long it lasts will depend on the facts of your case. Understanding these issues allows you to take the necessary legal steps to help protect yourself and stabilize your situation.
So, what are the common reasons for a restraining order? Let us look at each of them.
When You Experience Domestic Violence or Abuse
A restraining order helps protect you from abusive behavior or domestic violence from someone you know, like your spouse or partner, ex, or family member, who threatens you, and you need legal protection. People tend to file a restraining order when the offending party abuses the victim with actions that include but are not limited to:
- Sexual abuse — Sexual abuse is any non-consensual sexual act, especially under force, coercion, or threat.
- Emotional torment — This involves threats, belittlement, and intimidation, which can also cause serious harm
- Financial control — This form of abuse uses money to control your choice
- Physical assault — This involves acts of physical violence
These acts create a credible threat to your safety and are sufficient grounds for a protection order.
In domestic violence cases, most people seek a domestic violence restraining order (DVRO). This order is directed at someone who shares an intimate or family relationship with you and protects you by law. The order limits access or contact for your abuser, which may include barring them from physically approaching you, your residence, your school, or your workplace.
If you face an immediate threat of domestic violence, you can call the police to seek an emergency protective order (EPO). However, an EPO is not issued simply upon request. A law enforcement officer or judge must find probable cause to believe that domestic violence has occurred, that the restrained person poses an immediate and present danger to the victim or children, and that an order is needed to prevent further abuse. If these conditions are fulfilled, they can issue an EPO that gives you short-term protection. You receive short-term relief from the EPO, which typically lasts up to seven calendar days or five business days. You can then take additional legal steps.
After receiving the EPO, you can file for a temporary restraining order (TRO) that lasts until the court hearing, usually within two to four weeks.
If a court finds enough evidence of abuse, the court could grant a permanent restraining order. This order will remain in effect for one to five years, depending on the severity of the situation and the threat. The permanent order restricts various acts, including:
- Having no contact with you
- Maintaining a specific distance, usually 100 yards, and
- Possibly surrendering firearms
You can sometimes renew the order for additional protection if there is still a threat.
When Dealing With a Stalker or Harasser
If someone relentlessly stalks or harasses you and you are scared, you can seek a restraining order for stalking or harassment. When someone repeatedly follows you in a manner that causes you to fear for your safety, either in person, on social media, or by electronic means, it is called stalking. On the other hand, harassment occurs when a person threatens you, verbally abuses you, or contacts you constantly, which causes you to fear.
Stalking and harassment can come from different sources, including neighbors, acquaintances, or strangers. However, in most cases, the offenders are ex-partners or someone with whom you have no domestic relationship. In this situation, you can apply for a civil harassment restraining order (CHRO). However, if there was a previous intimate relationship, a domestic violence restraining order (DVRO) could be more appropriate. Either can be temporary or permanent.
To start, you file a temporary restraining order. You include evidence of your stalker or harasser’s ongoing behavior. This leads to a hearing. If a civil harassment restraining order is granted after the hearing by the court, it could last for up to five years and may be extended if the harasser's behavior continues. The order will have some restrictions, including no contact and distance requirements. The order’s limits and length depend on the severity of the threat to restore your peace and protect you.
When Confronted With a Threat of Violence
If someone threatens you with violence, you might want to secure a restraining order. When a person makes an explicit and credible threat of violence, it can cause reasonable fear and justify a restraining order. As a result, you could apply for a restraining order. However, the threat should be believable and enough to convince the courts that there is a genuine risk of violence.
If there is a domestic connection to the threat, then a DVRO will work. If the threat comes from an outsider, a CHRO is best. If there is violence at the workplace, your employer will file a workplace violence restraining order (WVRO) on your behalf. If you are in immediate danger of violence because of a credible threat, you could call law enforcement to request an EPO.
A TRO will protect you until a hearing takes place to address the threat level. If the court grants the order, it could remain in effect for one to five years based on the intensity of the situation and local rules.
If You Experience Elder or Dependent Adult Abuse
When you are being taken advantage of due to your vulnerabilities as an elder or dependent adult, this abuse requires you to apply for a restraining order. Abuse of the elderly or dependent adults can take many forms, including:
- Physical violence
- Emotional torment
- Financial theft
- Neglect or denial of basic needs like happiness, food, shelter, and medical care
A restraining order could be appropriate when these actions constitute abuse and present an immediate and credible risk of harm or further abuse.
Sadly, elder or dependent adult abuse often happens by someone you know and trust, like your caregiver, a family member, or a friend. This can be particularly dangerous. A restraining order is not a remedy unless the abuse involves physical harm, emotional cruelty, financial theft, or neglect, creating an immediate and credible risk of harm or further abuse. If you are experiencing this type of abuse, you could qualify for an elder or dependent adult abuse restraining order. This order will usually be filed by an advocate acting on your behalf.
A judge could issue a TRO to stop ongoing abuse right away. This will prevent them from abusing you while the rest of the court process unfolds. Later, a hearing is set up to see how serious the evidence is and whether a more extended restraining order is necessary. If the application is granted, the order can last for five years or more, depending on the severity of the abuse. In some cases, they can be renewed to stop any more abuse from happening.
The restraining order can be customized as per your needs. It can restrain the abuser from contacting you or removing the abuser from your home or caregiving environment. A restraining order is usually good for five years but can be extended if the threat is serious. It gives instant help and long-lasting protection to ensure you are not hurt again.
In Cases of Psychological Abuse
An often overlooked factor is the emotional fallout from abuse, and anybody who intimidates or exploits you could justify your application for a protection order. Psychological abuse can elicit fear or manipulate a person to isolate them, hurting their mental stability and making them anxious or broken individuals. When people share an intimate relationship, their trust in each other is expected. When that does not happen, the result is mental harassment.
In cases of psychological abuse, a domestic violence restraining order is appropriate, as it deals with abuse in a domestic context. If you are in danger, you can ask for an emergency protective order, which gives you temporary relief that lasts a few days. A TRO could follow to ensure the safety of the hearing. The judge will issue a permanent restraining order lasting one to five years if the judge grants your request. This order could be extended if it is needed for your safety.
The order could specify no contact or distance, which protects you from the abuser and helps counter the invisible emotional scars of psychological abuse. This order will last a period to give you the peace that the abuse took away from you.
When You Require Procedural Protection During Divorce
It is no surprise that many people seek restraining orders when going through the divorce process, as it is already a highly emotional experience. When a separation sparks battles for control, controlling or harassing behavior, threats, interference, and similar conduct can create a dangerous or unstable situation, so restraining orders are often necessary.
In this scenario, the domestic violence restraining order is a fit option, especially if you are married or recently separated. The process commences with a TRO for immediate and emergency protection while the court considers the matter. After this, a hearing will take place to assess the situation. If the court grants a permanent order. The period is often as long as the divorce goes on for the battered person’s safety.
Restraining orders add a no-contact provision to avoid further harassment. This helps you deal with the difficulties of going through a divorce without the added fear of more abuse or intimidation. The order restrains the individual from further harassment or interference, allowing you to focus on your divorce without further abuse.
When You Need To Protect Your Marital Assets From Depletion
Marriages can be bothersome and complicated, especially when substantial assets are at stake. When your spouse begins to waste marital assets during the divorce, it can affect your financial security. You can apply for an order. As the financial sabotage increases, protecting your money and your children’s well-being becomes even more critical.
While the depletion of marital assets is financial abuse, which is sometimes a component of domestic violence, a DVRO is usually not the tool to use for this. Typically, financial wrongdoing is dealt with in family law matters regarding spousal support and property division. A DVRO may be warranted when the financial control or depletion of assets is connected to intimidating or coercive threats that put the other party in immediate fear of harm. In financial disputes between spouses, the courts usually address asset depletion through family law proceedings. Still, if financial abuse occurs in conjunction with intimidating or coercive conduct, a restraining order may be appropriate. After the hearing, the victim of domestic violence is protected by restraining orders. The order may restrict any financial transactions. It makes sure that the assets are protected and will not be depleted.
The restraining order often stays in effect for the same period as the divorce proceedings for stability during the proceedings. It protects you and your children from further hardship, allowing you to proceed with the divorce without interference from financial shenanigans.
When Workplace Problems Threaten Your Safety
When workplace issues escalate, what was once a productive setting may become hostile, making it hard for you to work. If you experience threats or harassment from your workplace, you may need to obtain a restraining order.
In these cases, you should go for a workplace violence restraining order, often initiated by your employer. An emergency protective order can give quick relief if the threat is urgent. If the courts grant the order, the respondent or defendant will be issued a no-contact or distance order designed to protect you and other workers.
The duration of restraining orders matches workplace problems so that you have protection in the workplace and prevent further harassment and threats. This protection allows peace to return so you may come to work without fear of further intimidation or violence.
Find a Restraining Order Attorney Near Me
It is a well-known fact of life that we constantly face constant hostility. It can be either overt or subtle, but it exists. The situations in which restraining orders are requested show us that the idea of safety is tenuous at best, often compromised by those we trust and encounter. This is why people mostly opt for a restraining order against the perpetrator. There is a need to create boundaries when civility breaks down.
Restraining orders backed by the force of the law provide protection and the chance to regain peace in tumultuous situations. Whether seeking a restraining order or defending against one, these situations require expert help. Restraining order attorneys are equipped to unravel the complexities, ensuring your rights are safeguarded, and your voice is heard.
At Goldman Flores Restraining Order Law Firm, we can offer the assistance you need. Contact us at 213-341-4087 for a case assessment. We will safeguard your well-being or defend your position, whether you are seeking a protection order or on the receiving end of one in California.
