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How Can a Restraining Order Protect You and Your Family?

Last updated 4 years ago

Also known as a protective order, a restraining order is a court order that protects someone against abuse, threats, harassment, or stalking. In California, the person requesting a restraining order is referred to as the “protected person,” while the person who the order is against is called the “restrained person.” The person getting the restraining order can also include family or household members as protected persons.

Personal conduct orders
Personal conduct orders specifically prohibit certain behaviors against the people named in the restraining order. Common behavior included in personal conduct orders includes calling, sending messages, or stalking. Personal conduct orders may also bar more violent behavior such as attacking, battering, or sexually assaulting the protected person. Violating the restraining order can lead to jail time, fines, or both.

Stay-away orders
Unlike personal conduct orders, stay-away orders don’t ban certain types of behavior. However, they required the restrained person to keep a certain distance away from where the protected person lives or works. Usually, this distance is between 50 to 100 yards. The restrictions outlined in stay-away orders can extend to vehicles, places where the protected person’s children go, and any other important places that the protected person frequents. This means that a stay-away order can affect a restrained person’s ability to see his or her children.

Residence exclusion orders
Residence exclusion orders are issued when the restrained person and protected person share a home. This order requires the restrained person to move out of the protected person’s place of residence, taking only clothing and personal belongings. Residence exclusion orders are typically asked for in cases of domestic violence or elder care abuse. In all restraining order cases, the restrained person is also typically banned from owning or buying a gun.

If you would like to learn more about the different types of restraining orders you can ask for, contact Moreno Family Law at (408) 266-9011.  Our firm believes in settling family law cases, but we are prepared to litigate on our clients’ behalf. We have more than 20 years of experience focusing in family law issues.   

 

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