Nobody ever expects anything bad to happen to them and on most days there's an assumption that everything will go. or at least when going to work, running errands, being in relationships. dealing with rush hour commutes and everything else that comprises modern-day life. California Restraining Orders. California Restraining Orders. Yet unfortunately in 2019, many unpleasant situations arise. such as co-workers . who take an unhealthy interest in following. commenting, and harassing people on social media or online. or an individual who follows a car off the freeway because they feel like they've wronged. or a partner in a relationship who either or abuses their other half.
These situations are not only common but unfortunately normal in 2019. there are legal remedies under . California law to protect people in these different situations. The broad overarching remedy is to get a “restraining order” . but like the situations above, restraining orders in California. vary depending on the specific facts of a case.
Before we cover the three types of civil protective orders in California.
let all us at the firm note that any sort of violence or harassment. especially of a physical nature is a serious issue, and under many circumstances may be a crime. If you feel your life is in imminent danger. California Restraining Orders . there are serious ongoing issues with a partner or total stranger. you should stop reading this article and contact. the appropriate authorities in your area to get help. Under the California Penal Code, domestic violence, assault, and other issues are crimes . that can and do lead to criminal liability and criminal protective orders. which often supersede, or supplement the civil remedies described below.
What are the 3 types of Restraining Orders in California?
1. The main type of restraining order that issued. within California is a Domestic Violence Restraining Order
(“DVRO”). which requires the parties at issue to have had a relationship. including dating, engaged, or married. As well, even if there was no relationship, but the parties had a child. or many children, such situations fall within the scope of a DVRO. To first get a temporary DVRO, one must prove that abuse has occurred either one time – or on many occasions.
Under the law, abuse can be physical or sexual harm or threats of physical harm. If such prongs of the Domestic Violence Prevention Act (“DVPA”) were not broad enough. DVRO's can also issued for Engaging in any behavior that has been or could be illegal . such as molesting attacking striking stalking threatening battering harassing. destroying personal property, contacting the other by mail.Again if you feel that you are a victim of domestic abuse under the terms of the DVPA. also to pursuing this civil remedy. you should contact the appropriate authorities for help.
2. The second most common type of restraining order is what known. as a Civil Harassment Restraining Order
(“CHRO”). CHRO's governed by a different law than the DVPA. because they cover stalking, harassment, assaults, threats, and sexual assaults. And the attendant misconduct of parties who are in essence, total strangers.
The main distinction between DVRO's and CHRO's. is that a DVRO is a restraining order for parties. that have had a relationship of some sort. and a CHRO is for parties. that have had no relationship and likely no interactions. before whatever issues arose. CHRO's are neighbors in apartment complexes. roommates in non-romantic situations co-workers or again. that type of person who follows someone either on or off-line. Again, abuse does not stop because parties are either relative or complete strangers. If you feel you need a CHRO based upon the violent acts of another, you should also contact the authorities.
3. The final type of restraining order is a new variant under California law. the Gun Violence Restraining Order
(“GVRO”). The GVRO applies in limited circumstances. where an immediate family member feels. that another should not have firearms or ammunition.
Unlike the two above types of restraining orders. Both of which have provisions on contact. Communication and physical distance. The GVRO only addresses the removal of firearms and ammunition. It is also worth noting that parties. who are seeking a DVRO can also have firearms removed. From the other party irrespective of whether one is still cohabitating or not. While the GVRO a newer legal remedy. In theory it designed to aid in a party's mental health. And access to weapons during a troubled time. If you're considering requesting a restraining order of any sort. Don't trust what advice you receive from family and friends. Or the internet. But contact an attorney who can guide you on how to prepare the necessary paperwork. And get the greatest results for your personal safety.
Call us today to arrange an appointment and protect your personal safety and peace of mind.