Different Types of Restraining Orders and Their Purposes

What is a Restraining Order?

Put simply, a restraining order is a civil, legal document that prevents one party from harming, contacting, or harassing another party. This document may contain court-issued mandates that limit proximity, contact, and communication. The purpose of a restraining order is to protect the issuing party.

Who Qualifies For a Restraining Order?

Restraining orders may be issued to ensure the safety and protection of any person facing abuse through physical or financial harm, harassment, or threats. Any petitioner under the age of 16 years old typically requires a guardian to file on their behalf. Once a court reviews the evidence and establishes a history of real, perceived, or threats of abuse, the abuser is served a copy of the protective order. At that point, the abuser will be legally required to adhere to the restrictions of the order.

Are All Restraining Order Options the Same?

Knowing which type of restraining order is needed for a specific situation is crucial. Listed below are the types of restraining orders and the function of each type.

Domestic Violence

A domestic violence protection order can be against a current or previous romantic partner, including a spouse or domestic partner. If a petitioner is 12 years of age or older, he or she may ask for an order on their own and without parental permission. Domestic violence also applies to relatives and can be granted against a person who has abused you, your children, or your pets. This type of order can include:

• No contact
• No harassing, stalking, threatening, or harming people protected by the order
• Staying away by a specified distance
• Moving out from a home shared with the protected party
• Not owning or possessing firearms or other ammunition
• Paying spousal support if married
• Paying child support, if applicable

Civil Harassment

A civil harassment restraining order is against a person who is not related to the petitioning party and whom that party has never had an intimate relationship with. This can be a neighbor, landlord, or co-worker. If a petitioner is 12 years of age or older, he or she may ask for an order on their own and without parental permission. This type of order can include:

No contact
Not harassing, stalking, threatening, or harming people protected by the order
Staying away by a specified distance
Not owning or possessing firearms or ammunition

Elder Abuse

An elder abuse restraining order can be granted against someone abusing or neglecting an elderly or dependent adult. This abuse can be emotional, physical, or financial and can include restricting access to money or basic needs, isolating from family or friends, or depriving someone of food or medicine. Any adult who is 65 years of age or older or a dependent adult can ask for protection for themselves. Others may ask on the victim's behalf if that person is the conservator or trustee, a representative of the county adult protective services agency, or their attorney or guardian ad litem. This type of order can include:

• No contact
• Staying away by a specified distance
• Moving out, if they currently live with the abused party
• Getting counseling or taking anger management classes
• Not owning or possessing firearms or ammunition

Gun Violence

A gun violence restraining order can stop a person from having, owning, or buying any firearms, firearm parts, magazines, or ammunition. Only certain people may ask for this type of order, including:

• Law enforcement officer or agency
• The person's immediate family, including spouse, parent, child, grandparent, or another person who regularly lives with them now or in the last six months
• The person's employer
• The person's co-worker who has regular contact with the person and has worked with them for at least a year and has the employer's permission to ask for this restraining order
• An employee or teacher at a school that the person has gone to in the last six months who has permission from a school administrator or staff supervisor
• Additionally, any law enforcement officer may be asked for a gun violence restraining order

Workplace Violence

An employer may request a workplace violence restraining order to protect one or more employees from abuse at the workplace. Abuse may include threats of violence received in person, over the phone, by mail, or online. This can also mean following or stalking an employee to or from work or during work hours. An employer may ask for the protection of an abused employee, other employees who may be in danger, and the family or household members of employees. This type of order can include:

• No contact
• Not harassing, stalking, threatening, or harming people protected by the order.
• Staying away from the workplace
• Not owning or possessing firearms or ammunition

School Violence

A school violence restraining order can be issued against a person who has been violent or has made credible threats of violence against one or more students of a private postsecondary school. This order may only be granted if the threat is for an act that would likely take place on the school campus, regardless of whether the threat was made by a person who was not physically on the school campus.

The abused or threatened student must give written consent, and then only the top school official or safety officer may apply. This type of order can include:

• No contact
• Staying away from the students or campus
• Not owning or possessing firearms or ammunition

Do I Need a Lawyer?

Protection orders offer peace of mind for a variety of situations. Choose further peace of mind by letting Hurwitz Law Group handle your case. Call today at 323-310-9677 or fill out a contact form for a free consultation.