If you’re facing threats, harassment, or violence, a restraining order can provide legal protection. But not all restraining orders are the same. California law offers different types of restraining orders depending on the situation, the relationship between the parties, and the severity of the threat.
Understanding which restraining order applies to your case is crucial to ensuring your safety or defending yourself against unfair allegations. Whether you’re considering filing or responding to one, here’s what you need to know about the different types of restraining orders in California.
1. Domestic Violence Restraining Order (DVRO)
A Domestic Violence Restraining Order is for individuals who have suffered abuse or threats from someone with whom they share a close relationship. This can include:
- A current or former spouse
- A dating partner
- A cohabitant (someone you live with)
- The parent of your child
- A close family member (parent, sibling, child, etc.)
A DVRO can restrict the abuser from contacting you, coming near your home or workplace, and even ordering them to move out of a shared residence. Courts take these cases seriously, especially if there’s a history of violence, stalking, or intimidation.
2. Civil Harassment Restraining Order
Not all threats come from someone close to you. If you are being harassed, stalked, or threatened by someone who is not a family member or intimate partner, a Civil Harassment Restraining Order may be the right option. This type of restraining order can apply to:
- Neighbors
- Roommates (if not romantically involved)
- Distant relatives (cousins, uncles, aunts)
- Acquaintances or strangers
This order requires a higher level of proof than a domestic violence restraining order. You must demonstrate that the harassment is serious and ongoing—such as repeated stalking, threats, or unwanted contact.
3. Workplace Violence Restraining Order
Employers can seek a Workplace Violence Restraining Order to protect their employees from violence or credible threats made by a coworker, customer, or someone unrelated to the business. These orders can prevent an individual from entering the workplace, making threats, or contacting the employee outside of work.
Unlike other restraining orders, employees cannot file for this order themselves. The employer must petition the court, often after an incident of violence, harassment, or serious threats in the workplace.
4. Elder or Dependent Adult Abuse Restraining Order
Seniors and dependent adults (ages 18-64 with mental or physical disabilities) can be especially vulnerable to abuse. California offers an Elder or Dependent Adult Abuse Restraining Order to protect individuals facing:
- Physical or emotional abuse
- Financial exploitation
- Neglect or abandonment
- Harassment or intimidation
Family members, caregivers, or even financial advisors may be restricted from contact if they are found to be exploiting or harming the individual under protection.
How to Obtain a Restraining Order in California
Filing for a restraining order requires careful legal documentation and, in most cases, appearing in court. The process typically includes:
- Filing Forms – Completing the required court documents detailing the abuse or harassment.
- Temporary Restraining Order (TRO) – The judge may grant an immediate short-term order until the full hearing.
- Court Hearing – The petitioner and the respondent will present their case, and the judge will decide whether to issue a longer-term restraining order.
- Enforcement – If granted, the restrained person must comply with the order. Violating it can lead to legal penalties, including arrest.
If you’re dealing with a Marin County restraining order, it’s essential to understand the specific legal requirements in your area. Courts may have different procedures or waiting periods, and working with an attorney can help ensure your case is handled correctly.
Choosing the Right Restraining Order for Your Situation
The right restraining order depends on the relationship with the individual, the type of threat or harm involved, and the evidence available. Acting quickly and seeking legal guidance can make a difference in obtaining the right level of protection.
If you need help with a restraining order—whether filing for one or defending against one—consider consulting an attorney who understands California’s legal system. Your safety and legal rights should always come first.
