What is a Temporary Restraining Order (Protective Order)?

In California, a restraining order, also known as a protective order prevents a specific person from harassing, abusing, stalking, or threatening another person. This protective order can include terms for personal conduct orders, stay-away orders, and residence exclusion orders. The party that is protected is known as a protected person. The other party is known as the restrained person. There are four types of protective orders in California. These orders are for Domestic Violence, Elder Abuse, Civil Harassment, and Workplace Violence. These protective orders can remain effective for up to five years and any violation of these orders is a crime per California Penal Code section 273.6 PC.

Domestic Violence

A Domestic Violence Protective Order can be obtained if the restrained party has abused the person seeking the protective order, and the person has a close relationship with the restrained party. A “close relationship” means that the two parties are:

• Married

• Divorced

• Separated

• Domestic Partners

• Dating or used to date

• Parents of a child

• Living together in a domestic relationship

• Family members or in-laws.

Elder or Dependent Adult Abuse

A protective order for Elder or Dependent Adult Abuse can be obtained if the person seeking the protective order is 65 years of age or older or is between 18 and 64 years of age with certain mental and physical disabilities, and is a victim of abuse, neglect, physical injury, or deprivation by a caregiver.

Civil Harassment

A Civil Harassment Protective Order can be obtained the person seeking the protective order is being harassed, stalked, abused, or threatened by someone else, and is not in a close relationship with the restrained party.

Workplace Violence

Protective orders for workplace violence can only be obtained if the person seeking the protective order is an employer and wishes to protect an employee from a credible threat of violence, immediate danger, or abuse at the workplace. An employee cannot ask for this type of order. If he/she wishes to protect him or herself at work from a co-worker, the party has to ask for a Civil Harassment or Domestic Violence Protective Order.