Restraining orders are also called protective orders. In California, you can get a restraining order to stop you from being harassed, stalked, threatened, sexually abused, or physically abused. The person who obtains a restraining order is the protected person, while the person against whom the restraining order is enforced is the restrained person. Restraining orders raise concerns in the areas of family law and criminal law. Often times, an individual is restrained both by a domestic restraining order and a criminal protective order. Both are handled differently and an experienced attorney who knows both areas of litigation is essential. Whether you need to obtain or fight a restraining order, you should consult an experienced attorney. Sabrina Fernandez is an Orange County restraining order lawyer who can help you with either of these goals.
There are four types of restraining orders that you can obtain in California: domestic violence restraining orders, elder abuse restraining orders, workplace violence restraining orders, and civil harassment restraining orders.
Domestic violence restraining orders are obtained when it is alleged that the restrained person has abused the person to be protected, and the restrained person and the person to be protected have a close relationship, such as being married, divorced, separated, closely related, formerly or currently dating, co-parenting, or living together now or previously as something more than roommates. The person seeking the restraining order must demonstrate to the court’s satisfaction reasonable proof of one or more past acts of abuse. A domestic violence/family law related restraining order can have a very big impact on a parent’s custodial rights. If a restraining order is issued against a parent, their contact with the minor child/children can be suspended, monitored or restricted. Under Family Code § 3044 a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the child’s siblings within the previous five years, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child, pursuant to Section 3011. This presumption may only be rebutted by a preponderance of the evidence. Restraining order must be taken seriously due to the long term effects they may have on a family.
Abuse that can be considered domestic violence for the purposes of obtaining a restraining order includes intentional or reckless causing of bodily injury or attempts to do so, sexual assault, putting someone in reasonable apprehension of imminent serious bodily injury to that person or somebody else, or getting involved in any behavior that has been or could be enjoined under Family Code § 6320, such as molesting, striking, attacking, threatening, sexually assaulting, battering, or credibly impersonating. A restraining order attorney in Orange County can help you determine whether your situation meets these requirements.
An elder abuse restraining order is appropriate if you are a person who is at least 65, or 18-64 with certain mental or physical disabilities that stop you from being able to do normal activities or protect yourself, and you are also a victim of financial or physical abuse, abandonment or neglect, harmful treatment, or deprivation by a caregiver.
A civil harassment restraining order can be requested by someone who is being stalked, harassed, threatened, or abused by somebody with whom they do not have an intimate relationship. For example, if you are a teacher who is being stalked by a former student, or a neighbor who is being harassed or threatened by another neighbor, it might be appropriate to obtain a civil harassment order.
An employer can ask for a workplace restraining order to protect an employee who has faced credible threats of violence, sexual harassment, or stalking at the workplace. However, an employee cannot request the workplace violence restraining order. An Orange County restraining order attorney can help an employee ask for a civil harassment restraining order to protect himself or herself, or a domestic violence restraining order if an intimate relationship is involved. Restraining orders can include orders related to personal conduct, residence exclusion, or staying away from a particular person. A personal conduct order could, for example, tell a restrained person not to contact the protected person through any form of messaging, not to threaten, not to sexually assault, and not to destroy property. A stay away order can require the restrained person to stay a specified distance away from the protected person, the protected person’s school or workplace, the protected person’s vehicle, or the protected person’s residence.
A residence exclusion is an order that directs a restrained person to move out from where the protected person lives. Generally, this is only appropriate for a domestic violence situation in which the restrained person and the protected person live together, or when there are issues involving elder or child abuse of someone else who lives in the home.
A restraining order can have substantial consequences for the restrained person. In addition to restricting their movements and stopping them from owning a gun, it can also affect the restrained person’s immigration status or affect their ability to see their children. If you are a restrained person who violates any of these orders, you may go to jail and pay a fine. It can give rise to further criminal penalties, which is why it is important for the restrained person to obtain representation.
Sabrina Fernandez prides herself on compassionately representing clients in many challenging situations. She has the experience in handling both domestic and criminal restraining orders which often times can both be an issue at the same time. If you may need to obtain or fight a restraining order, you should contact her to make sure that your interests are protected. She also represents people who need assistance with matters related to family law or guardianships in cities such as, but no limited to, Santa Ana, Tustin, Mission Viejo, Laguna Beach, San Clemente, and Laguna Hills. Contact us at (714) 543-0451 or through our online form.