If you have been threatened with violence, harassed, or stalked, you may need a restraining order to protect yourself. Also referred to as a protective order, your restraining order will guide how the person can interact with you and is legally enforceable.
The Types of Protective Orders
There are four types of protective orders in California: domestic violence, civil harassment, elder or dependent adult abuse, and workplace violence restraining orders. Each of these orders is outlined below.
Domestic Violence Restraining Order
A domestic violence restraining order will be filed if you have been abused by a person of close contact, such as a spouse, parent, sibling, direct family member, domestic partner, or roommate of romantic interests. In this case, abuse does not strictly need to be physical but instead could be verbal, emotional, or psychological abuse. When filing your restraining order, you will need to identify how the restrained person is considered a close contact.
Civil Harassment Restraining Order
A civil harassment restraining order is used for abuse, stalking, or harassment by a person who is not considered a close contact. If you are unable to file a domestic violence restraining order, your next best option may be a civil harassment restraining order.
Elder or Dependent Adult Abuse Restraining Order
This type of restraining order is used for those who are over the age of 65 or between the ages of 18 and 64 who require a caregiver. You must also be a victim of medical treatment that has physically or mentally injured you, such as neglect, abandonment, abuse, or deprivation of basic essentials.
Workplace Violence Restraining Order
A workplace violence restraining order can only be filed if you are an employer and you file to protect an employee who is a victim of stalking, harassment, violence, or credible threat at the workplace.
How To File A Protective Order
If you feel that you qualify for a restraining order, contact one of our compassionate San Bernardino restraining order attorneys. Together, we can build a case for your protective order and preserve your confidence and security. Your attorney will help you fill out the required forms and file the forms with the court so that your case can legally proceed.
What Happens When A Protective Order Is Violated?
If your protective order is violated, the restrained person may be arrested, sentenced to probation or prison, or fined for their noncompliance. If you suspect your protective order has been violated, call the local authorities with details to file a report and consult your restraining order attorney.
If you or a loved one has been a victim of threats, harassment, or stalking, contact our San Bernardino restraining orders attorney today for a case consultation at (909) 315-4588.