Restraining orders

A restraining order (also called a protection order) is a court order that can protect someone from being abused, threatened, stalked, physically or sexually harassed.

The person who receives the restraining order is called protected person, The person against whom the restraining order is issued is called restricted person. Sometimes restraining orders include other protected persons, such as family members or household members of the protected person.

What does a restraining order do?

In general restraining orders can include.

1.- Personal conduct orders:

They are orders to stop specific acts, against all persons named in the restraining order as protected person. Some of the things that can be ordered to the restricted person. What to stop doing are:

Contact, call or send any message (including e-mail).
Attack, or hit.
Stalk.
To threat.
sexual assault
To bully
Destroy personal property.
Perpetuate the peace of the protected people.

2.- Restraining orders

Use these commands to keep the restricted person some distance (50 or 100 yards) from:

Of the person or persons protected.
From the place where the protected person lives.
His workplace.
Your children's schools or child care places.
your vehicle
Other important places where he or she goes.

3.- Orders of Exclusion of residence (Expulsion or removal)

These orders tell the restricted person to move from the place where you live protected person and take only clothing and personal belongings with you until the court hearing.

These orders can only be requested in cases of domestic violence or elder or dependent adult abuse restraining order.

For persons to be restrained, having a restraining order

against him can have very serious consequences.

He or shehe won't be able to goto certain places, or do certain things.
He or shemight have to moveto another house.
Canaffect your abilityto see their children.
he or she usuallymay not own a gun(and he or she will have to turn in, sell, or store any guns he or she now has and will not be able to buy a new one) while the order is in effect.
It can affect yourmigratory statusif you are trying to get agreen card or visa.

Si the restrained person violates or breaks the restraining order,

You can go to jail, pay a fine, or both.

Types of restraining orders

There are 4 types of restraining orders:

Domestic violence restraining order.

You can file for a domestic violence restraining order if:

Someone hasabused of you
Are you in a close relationship with that person (married or registered domestic partner, divorced, separated, dating, or used to date, have a child together, or live together, or used to live together, but more than roommates) or you are closely related to that person (parent, child, brother, sister, grandmother, grandfather, father-in-law).

Violencia domestica

Elder or dependent adult abuse restraining order.

You can request this type of order:

If you have 65 years or more.
If you have between 18 and 64 years, and has certain disabilities Mental or physical conditions that prevent you from doing normal activities or protecting yourself.
Areabuse victim physical or financial
neglect or abandonment.
Treatment who has hurt you physically or mentally.
Deprivation by a caretaker for basic things or services you need so you dont suffer physically, mentally, or emotionally.

Abuso de ancianos

Mujer maltratando a Persona de la 3ra edad

Civil Harassment Restraining Order

You can file for a civil harassment restraining order if you are being harassed, stalked, abused, or threatened by someone who is not as close to you (not as required in domestic violence cases), such as a roommate, neighbor, or other members of your family. from distant from the family like cousins, aunts or uncles, or nieces or nephews.

Acoso civil

Workplace Violence Restraining Order

If you are employer, you can file for a restraining order to protect a employee who has suffered harassment, severe harassment, violence, or a credible threatof violence at work.

Violencia en el lugar de trabajo

Employee You cannot ask for a restraining order, for workplace violence. If he employeewant to protect yourself, you can request acivil harassment restraining order(or an order of restriction by domestic violence if the abuser is a partner / spouse or an ex-partner or close relative).