In California there are two types of restraining orders, depending on the situation or threat you are facing. A restraining order, also called a “protective” order is a court order that can protect someone from being physically or sexually abused, threatened or harassed.
Before requesting a restraining order, if you feel in danger you can call 911 and/or the National Domestic Violence Hotline at 1−800−799−SAFE.
The type of restraining order you will require from the Court depends on the level of intimacy you share with the restrained person.
Domestic violence restraining orders (CLETS) will apply when a person causes or attempt to cause you corporal injury but will only apply within intimate relationships: married/divorced; parents who have a child together; same-sex partners; girlfriend/boyfriend; roommates/housemates.
There are no filing fees for domestic violence restraining orders.
Civil harassment restraining orders apply when someone is intentionally and continuously harassing you and where there are no domestic or family connections between you and the other party. Filing for this second type of restraining order might involve the payment of fees unless you qualify for a fee waiver.
This type of restraining order tends to be harder to obtain.
Concerning the order itself we can identify three major situations.
- A personal conduct order will forbid the restrained person to contact, call stalk, threat, harass, etc., everyone named in the order as a “protected person”.
- A stay away order will make sure to keep the restrained person a certain distance away (100 yards for example) from the protected persons, their residence, their workplace, their vehicles, etc..
- A resident exclusion order will be required if the restrained person is currently living with any of the protected persons and will force the restrained person to move out until the Court hearing. This last type of order only applies to domestic violence cases.
In any case, always make sure you are safe before starting any legal procedure.
Forms are available at the Courthouse. Also, the police can grant an emergency protective order if there is an emergency, you are in danger and the police are involved.