Home
Blog
Family Law
2024 What Proof Do You Need for a Restraining Order in California?

2024 What Proof Do You Need for a Restraining Order in California?

November 24, 2023

A restraining order can help protect you from other individuals who are threatening or harassing you. If you need to get a restraining order in California, though, you need to have proof of the threats or harassment. Working with a California restraining order lawyer can help ensure you file everything that is required.

Types of Restraining Orders in California

A restraining order can give you legal protection from an individual who is threatening to harm you, stalking you, harassing you, or who otherwise won’t leave you alone. If you live in the state of California, then there are many types of restraining orders you can seek. They differ based on the situation that you are going through. It is important to know the difference between them so that you can understand what kind of evidence you need.

What Proof Do You Need for a Restraining Order in California?

Domestic Violence Restraining Order

If you are experiencing violence in your household, then you can seek a domestic violence restraining order. To do this, you need to fill out forms including a few details about what you are experiencing. You do not need to hire a lawyer or pay a fine to file a protective order, but a family lawyer attorney can provide help going forward with your case. If you are in danger in your home, call 911 for help immediately and do not wait to file the forms.

If you have been served with a domestic violence protective order, you need to follow the requirements, or you could be charged with a criminal offense. You should contact a lawyer to protect your rights during this time.

Civil Harassment

You can file a civil harassment restraining order if you are being threatened or harassed by someone you have never had any sort of relationship with, such as someone you work with or a cousin.

Violence in the Workplace

Filing a workplace violence restraining order may be the ideal option if you have been stalked, hurt, harassed, or anything similar in your place of work. With these restraining orders, you need to report this behavior to your employer, and the employer has to be the one to ask for this order.

Elder Abuse

If an elderly person is being abused by a caregiver, family member, or another adult, the elder can file a restraining order. This order addresses many types of abuse, including financial, physical, or emotional.

What Kind of Evidence Do You Need for a Restraining Order?

To file a restraining order, you need to collect as much evidence as possible. Any sort of written or recorded proof you have of abuse or threats can help your case. For instance, any of the following can help prove your point:

  • Written records of threatening messages like your direct messages, texts, or emails
  • Audio recordings of threats, such as voicemails on your phone
  • Photos of any injuries or wounds you have endured as a result of the abuse
  • Proof that you have previously called the police because of this person’s behavior
  • Copies of police reports from your previous calls
  • Statements from witnesses who can support your case

You will also need proof of your relationship with the person to qualify for certain types of restraining orders. For a workplace violence restraining order, for example, your employer will have to prove that both of the involved parties are employees. For the domestic violence protective order, you will have to be able to provide evidence of your relationship to the person.

FAQs

Q: What Is the Difference Between a Protective Order and a Restraining Order in California?

A: You might hear the phrase protective order and restraining order used interchangeably. There is no distinct difference between these two terms. However, there are distinctive differences between the types of orders you can send. If you are experiencing domestic violence, for example, you can file a domestic violence protective order. If you are experiencing elder abuse, though, you should file an elder abuse restraining order.

Q: Why Would a Judge Deny a Restraining Order in California?

A: There are several reasons why a judge might deny a restraining order, including lack of sufficient evidence. If there is no concrete proof of the alleged behavior, then a judge will not be able to grant the order. Similarly, if there is no proof of a qualifying relationship, then the judge might not be able to grant the restraining order. An example would be if there is no proof that you and the person you are filing a workplace violence order against are employed at the same place.

Q: Can You Get a Restraining Order for No Reason in California?

A: If you want to get a restraining order in California, then you need to have a reason. That reason can be that you are experiencing violence, harassment, stalking, or threats from a person. It is important to note that you must have proof that this behavior is happening to get a restraining order.

Q: Is a No Contact Order the Same as a Restraining Order?

A: No, if you are filing a no-contact order in California, you are not filing a restraining order. A no-contact order prohibits another person from getting in contact with you and is usually used in criminal cases, like instances of domestic violence. While this covers the same actions that a restraining order does, the restraining order is usually filed first against someone to try and prevent criminal action from being taken. If you are being stalked or threatened, you should file a restraining order to ensure there is a mandatory distance between you and the other party.

Consult With Us Today

If you have questions about restraining orders in California and how they might pertain to your case, you should get in contact with an experienced California restraining order lawyer. At the Edgar & Dow, we are pleased to help you with a wide range of legal issues, and we offer consultations to help us find out more about your case. Get in touch with us today to learn more about how we can help.

Categories

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

© Copyrights 2024 Edgar & Dow. All Rights Reserved. Disclaimer | Privacy Policy
Digital Marketing by rizeup-logo