Whether you’re dealing with harassment, threats, or violence, seeking a restraining order is often a critical step to protect your safety and peace of mind. If you need a restraining order in California, understanding the legal requirements can make all the difference. At Holstrom, Block & Parke, we’ve worked with many individuals facing these challenging situations. Our team is here to help you understand your rights and what’s needed to secure protection through a restraining order.
Types of Restraining Orders in California
California law provides different types of restraining orders to address various situations. Knowing which one applies to your circumstances can help streamline the process.
Domestic Violence Restraining Orders (DVROs)
DVROs are designed to protect individuals who have experienced abuse or threats from someone they have a close relationship with, such as a spouse, cohabitant, dating partner, or family member. These orders can provide a wide range of protections, including no-contact directives and orders to vacate a shared residence.
Civil Harassment Restraining Orders
If the harassment or threats are coming from someone you don’t have a close relationship with—like a neighbor, acquaintance, or stranger—a civil harassment restraining order may be the appropriate choice. These orders are commonly used for cases involving stalking, repeated phone calls, or other forms of harassment.
Elder or Dependent Adult Abuse Restraining Orders
Elderly individuals and dependent adults have specific protections under California law. Abuse in these cases might include physical harm, neglect, financial exploitation, or psychological abuse. This type of restraining order aims to shield these vulnerable individuals from harm.
Workplace Violence Restraining Orders
Employers can seek workplace violence restraining orders on behalf of an employee who has been threatened, stalked, or assaulted at work. These orders are designed to ensure a safe working environment by keeping the aggressor away from the workplace.
What Constitutes "Abuse" or "Harassment"
The definitions of abuse and harassment under California law cover a broad range of behaviors. Let’s look at what each word covers:
- Abuse: Includes physical violence, sexual assault, threats, destruction of property, or behavior that places a person in reasonable fear of harm. Abuse can also include non-physical actions like emotional or psychological manipulation.
- Harassment: Covers behaviors such as stalking, making credible threats, or engaging in a pattern of conduct that seriously alarms, annoys, or harasses someone without legitimate purpose.
By understanding what constitutes abuse or harassment, you can better determine whether your situation qualifies for a restraining order.
Levels of Proof
The level of proof required to obtain a restraining order depends on the type and stage of the order being sought. Here’s a closer look:
Temporary Restraining Orders (TROs)
Temporary restraining orders are issued on a short-term basis and require "reasonable proof" that immediate protection is necessary. This standard is lower than what’s needed for a permanent order, reflecting the urgency of the situation.
Permanent Restraining Orders
- DVROs: For a domestic violence restraining order, the standard is a "preponderance of the evidence," meaning it must be more likely than not that abuse occurred.
- Civil Harassment, Elder Abuse, and Workplace Violence: These cases require "clear and convincing evidence," a higher standard that necessitates a strong and persuasive case showing abuse or harassment.
Evidence Required to Obtain a Restraining Order
To secure a restraining order, the court will look for a variety of evidence. Here are the types of proof that can strengthen your case:
Personal Testimony
Your detailed and credible account of the abuse or harassment is often the foundation of your case. Be as specific as possible, recounting dates, times, and incidents.
Supporting Evidence
Various types of evidence can support your claim. These include:
- Police Reports: If law enforcement has been involved, their reports can provide critical documentation.
- Medical Records: Injuries resulting from abuse should be documented by a medical professional.
- Photos and Videos: Visual evidence of injuries, property damage, or incidents can be compelling.
- Text Messages, Emails, and Social Media Posts: Written communication that shows threats or harassment can bolster your claims.
- Witness Statements: Testimonies from others who witnessed the abuse or its effects can corroborate your story.
- Other Documentation: This might include protective orders from other jurisdictions or criminal records of the aggressor.
Each piece of evidence adds weight to your case, painting a clear picture for the court.
The Process
Obtaining a restraining order involves a few specific steps. While the process might seem overwhelming, knowing what to expect can make it more manageable.
- Filing Forms: The first step is completing and submitting the appropriate forms to your local courthouse. These forms detail your request and the reasons for seeking protection.
- Serving the Restrained Person: The person against whom you’re seeking the order must be formally notified. This step is crucial to ensure their legal right to respond.
- Court Hearings: A judge will review your case and any evidence presented. Temporary orders may be granted immediately, while permanent orders require a formal hearing.
Having legal counsel during this process can help ensure that your case is presented effectively and that no steps are overlooked.
Facing a Difficult Situation? We Can Help.
If you’re considering seeking a restraining order or have been served with one, the stakes are high. Protecting your safety and rights is essential, and we’re here to guide you every step of the way. At Holstrom, Block & Parke, our team of dedicated family law attorneys has extensive experience with restraining orders in California.
Call us today at 855-426-9111 for a confidential case assessment, or visit our contact page to schedule a consultation. Let us help you take the next steps toward safety and peace of mind.
