Types of Restraining Orders

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There are different kinds of Restraining orders. Each type of Restraining order is meant for different situations or different circumstances.

A person may qualify for a Domestic Violence Restraining Order if there is both:

  • a close relationship between that person and the person he or she wants protection from, and
  • actual or threatened abuse.

IMPORTANT NOTE: This section is for people who live together or are in a relationship.  If you need protection from someone else (such as a neighbor or friend), click here to learn about civil harassment restraining orders: Judicial Council form CH-130. Opens new window

The person seeking protection can ask the court to include the following types of orders:

1. Personal Conduct Orders:
These are Orders to stop specific acts against everyone named in the Restraining Order. This Order can stop the restrained person from doing the following things to people protected in the Order:

  • Contacting;
  • Sending any message (including email);
  • Molesting;
  • Attacking;
  • Striking;
  • Stalking;
  • Threatening;
  • Sexually assaulting;
  • Battering;
  • Harassing;
  • Telephoning;
  • Destroying personal property; or
  • Disturbing the peace of the person seeking protection.

2. Stay-Away Orders:
These are Orders to keep the restrained person a certain distance away (such as 100 yards, approximately the length of a football field) from:

  • The person seeking protection;
  • Where he or she lives;
  • His or her place of work;
  • His or her child's school or place of child care;
  • His or her vehicle;
  • Other important places where he or she goes.

3. Residence Exclusion ("kick-out") Orders:
These are Orders telling the person to be restrained to move out from where the person seeking protection lives, and to take only clothing and personal belongings until the court hearing.

For information about additional kinds of Orders a judge may grant in a domestic violence case, see the Frequently Asked Questions page.

For the person asking for protection, he or she should be ready to NOT SEE OR TALK TO the person to be restrained while the Restraining Order is in effect.

NOTE 1: There are also Emergency Protective Orders:
These are Orders requested of the court by a police officer which go into effect immediately. They are temporary (up to 7 days). For more information, click here.

NOTE 2:  "Ex Parte" Restraining Orders may be issued until the hearing.
These are temporary Orders that remain in effect only from the date of filing for protection until the court hearing.  No "permanent" restraining orders (up to 5 years) can be issued without a hearing.


For the person to be restrained, the consequences of having a Court Order against him or her can be very severe.

  • He or she will not be able to go to certain places or to do certain things.
  • He or she might have to move out of his or her home.
  • It may affect his or her ability to see his or her children.
  • He or she will not be allowed to own or possess firearms or ammunition. (He or she may have to turn in
    or sell any firearms and ammunition they have now, and may not be able to buy a gun while the restraining order is in effect.)

If the person to be restrained violates the Orders, Opens new window he or she may go to jail, or pay a fine, or both.

 

 

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