Restraining order cases involve one party, the petitioner, asking the court to issue an injunction against another party, the respondent. In effect, the petitioner requesting a restraining order is asking the court to command or prevent an action by the respondent. Further, a petitioner may also ask that any injunction issued by the court apply to other members of her household, even if they are not a party. Each is adjudicated differently, involves different relationships between the parties, and requires different burdens of proof to be met before the order is issued. As written, the language is broad, and covers a wide range of behaviors by the respondent. Civil harassment orders are typically not issued for behavior by the respondent that is offensive only to an overly sensitive petitioner; however, if the respondent is aware of such sensitivity, and intentionally exploits it, then that may be considered harassment.
Domestic Violence and Restraining Orders in California
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WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender. Important: Even if courts are closed, you can still file for a protection order and other emergency relief. This section defines domestic violence for the purposes of getting a domestic violence protective order. Note : Coercive control is a pattern of behavior that interferes with your free will and personal liberty. Some examples of coercive control include:.
Civil Harassment Restraining Orders
For the person to be restrained, having a restraining order against him or her can have very serious consequences:. If the restrained person violates breaks the restraining order, he or she may go to jail, or pay a fine, or both. Domestic Violence Restraining Order You can ask for a domestic violence restraining order if:. Elder or Dependent Adult Abuse Restraining Order You can ask for an elder or dependent adult abuse restraining order if:.
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