If you are in danger of being harmed by a family member, you can obtain a restraining order in order to be protected from physical abuse, harassment, being stalked, threatened, or sexually abused or assaulted. Other activities that you can be protected from including being contacted, called, attacked, or having your peace or property disturbed or destroyed. The restrained individual can also be ordered to stay away from you, including where you live, work, your school or your children’s school, your car, and other important places.
One of the more common restraining orders sought against family members are civil harassment restraining orders, which you can seek if you are being abused, stalked, threatened, or harassed by someone, but that individual does not meet the requirements of a domestic violence restraining order (for example, they are a distance family member, such as a cousin). If you have any questions or concerns about obtaining or responding to a relative restraining order here in California, contact our experienced California domestic restraining order attorneys.
If You are Served With a Restraining Order
You have the right to:
- Be officially served with the order
- Have a court hearing
- File a response to any allegations made (within 20 days before the court hearing)
- Request changes or modifications to the order
What is Necessary for Any Civil Restraining Order
Whether you are filing for a restraining order or are served with one, you will want to gather the following:
- Physical evidence related to any incidents in question
- Documents or records that pertain to any incidents in question, such as texts, emails, computer records, and more
- A list of any and all witnesses that might be relevant to the order
Also make sure that you do not destroy evidence or attempt to get in touch with the party that is the subject of the order or while is filing the order. This also applies to instructions that are the specific subject of any restraining order, such as having contact with any family members that you share with the other party.
Can You Obtain More Than One Type of Restraining Order?
It is entirely possible for someone to need both a relative restraining order and an elder restraining order, for example, if the victim is elderly and is being abused by a family member, for example. The same thing applies to civil harassment restraining orders a workplace violence restraining orders.
Contact Our California Restraining Order Attorneys to Find Out More
If you have any questions about obtaining a relative or other type of restraining order—or related to a restraining order being filed against you—contact our California restraining order attorneys today to find out how we can help.
FAQs
Relative restraining orders are legal injunctions aimed at protecting individuals from harassment or abuse perpetrated by family members. These orders limit the interactions between the victim and the offending relative and can carry severe penalties if violated.
You can file a petition for a restraining order at your local courthouse. You’ll need to provide evidence of the abuse or harassment you’ve experienced. A California attorney who has experience litigating restraining orders can guide you through this process.
Once issued, the relative restrained must adhere to the conditions specified in the order. Failure to do so may result in arrest, fines, and other legal consequences. It’s important to keep a copy of the restraining order with you at all times.
The length of the restraining order varies depending on the case but generally lasts up to 3 years. It can be extended if necessary, especially if there’s evidence to suggest that the abuse or harassment could continue.
Yes, a relative restraining order can have significant implications for custody arrangements and may even result in supervised visits or a complete termination of custody rights for the restrained individual.
Note: This FAQ is for informational purposes only and should not be considered as legal advice. Always consult with a qualified attorney for your specific legal needs.
