A protection order, also referred to as a restraining order, is a legally binding order that is meant to protect someone from being abused, harassed, threatened or stalked. The person who requests the restraining order is referred to as the protected person, and the individual whom the order is against is the restrained person. If you’re a California resident and you need a restraining order as part of your family law ruling, here are a few things you should know.
What do restraining orders do?
If you file a restraining order to protect yourself against domestic violence or elder abuse, the restrained person is not allowed to contact, stalk or have any physical contact with you. This document is designed to keep people from assaulting or threatening you or from damaging any of your property.
A stay-away order mandates that the restrained person must always stay a certain distance from the protected person at all times. The restrained person is not permitted to show up at the protected person’s home, their place of work or the school where the protected person’s children attend.
Move-out protection orders
In some family law proceedings, the protected person must file a kick-out or move-out order, which requires the restrained person to leave the home that the protected and restrained person share. The restrained person must stay away from the home until the court hearing. Failure to adhere to the order could limit the restrained person’s ability to see their children. The restrained individual is also not permitted to own a gun. Failure to abide by the rules of the restraining order could result in fines or jail time.
A person going through divorce or child custody proceedings may fear for their safety. They may want to contact a qualified family law attorney about filing a restraining order.