What do restraining order do?

Restraining orders include:

  1. Personal conduct orders
    These are orders to stop specific acts against everyone named in the restraining order as a “protected person.” Some of the things that the restrained person can be ordered to stop are:

    • Contacting, calling, or sending any messages (including e-mail);

    • Attacking, striking, or battering;

    • Stalking;

    • Threatening;

    • Sexually assaulting;

    • Harassing;

    • Destroying personal property; or

    • Disturbing the peace of the protected people.

     

  2. Stay-away orders
    These are orders to keep the restrained person a certain distance away (like 50 or 100 yards) from:

    • The protected person or persons;

    • Where the protected person lives;

    • His or her place of work;

    • His or her children’s schools or places of child care;

    • His or her vehicle;

    • Other important places where he or she goes.

     

  3. Residence exclusion (“kick-out” or “move-out”) orders 
    These are orders telling the restrained person to move out from where the protected person lives and to take only clothing and personal belongings until the court hearing. These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases.

Domestic Violence Restraining Order
You can ask for a domestic violence restraining order if:

  • Someone has abused you, and

  • You have a close relationship with that person (married or registered domestic partners, divorced, separated, dating or used to date, have a child together, or live together or used to live together — but more than roommates), or you are closely related (parent, child, brother, sister, grandmother, grandfather, in-law).

Civil Harassment Restraining Order
You can ask for a civil harassment restraining order if you are being harassed, stalked, abused, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews.

Find more information about Civil Harassment.

Workplace Violence Restraining Order
You can ask for a workplace violence restraining order if:

  • You are an employer, and

  • You ask for a restraining order to protect an employee who has suffered stalking, serious harassment, violence, or a credible (real) threat of violence at the workplace.

An employee CANNOT ask for a workplace violence restraining order. If the employee wants to protect him or herself, he or she can ask for a civil harassment restraining order (or a domestic violence restraining order if the abuser is a partner/spouse or former partner/spouse or close family member).

Elder or Dependent Adult Abuse Restraining Order
You can ask for an elder or dependent adult abuse restraining order if:

  • You are 65 or older, OR

  • You are between 18 and 64 and have certain mental or physical disabilities that keep you from being able to do normal activities or protect yourself;

AND

  • You are a victim of:

    • Physical or financial abuse,

    • Neglect or abandonment,

    • Treatment that has physically or mentally hurt you, or

    • Deprivation by a caregiver of basic things or services you need so you will not suffer physically, mentally, or emotionally.

 

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