A restraining order in California, also known as a protective order, is a legal document intended to protect someone from unwanted contact by another person. They typically prevent the “restrained” individual from contacting, coming within a specified distance of, or making any direct or indirect threats to the person or persons the court has determined require protections.
In California, the court may issue a restraining order if it finds that one person has abused, threatened to abuse, stalked, sexually assaulted or harassed another individual. You must prove a “reasonable apprehension of imminent serious bodily injury” or that the person is likely to engage in “abuse”.
This can include physical abuse, or threats of physical or mental abuse, or sexual abuse. Additionally, the party seeking the order must be in a “close relationship” with the person who has committed the violence or threats.
That includes dating or domestic relationships, family relationships, roommates and employers.
The court may issue permanent or temporary restraining orders, depending on the situation. The court will generally set a specific timeframe for a temporary order and can set an expiration date for a permanent order.
It may include provisions to keep the restrained person away from the petitioner’s workplace, school, home, or other specific locations. A restraining order also may require that the restrained person stay away from the petitioner’s family, friends and associates.
Violations of restraining orders can lead to criminal charges and penalties.
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How much does it cost to put a restraining order on someone in California?
The cost to file a restraining order in California can vary depending on the type of order sought. Generally speaking, a restraining order can range from $50 – $435 depending on the court filing fees and whether the person seeking protection is able to pay the court fee.
Additionally, a person seeking a restraining order may need to hire an attorney, which can cost an additional $200-$1,500. If a person qualifies for a fee waiver, they may be able to file the paperwork without a fee.
Lastly, if a person has other court costs such as hiring a process server to deliver the order, or if a hearing is required, the costs could increase. It is important to contact the court in the county of filing for more exact estimates.
What is considered harassment in California?
Harassment in California is considered any unwanted conduct based on a person’s protected status or characteristics that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment, or to interfere with an employee’s work performance.
Protected characteristics under California law include an individual’s race, color, national origin, ancestry, religion, sex, gender, sexual orientation, age, marital status, and physical or mental disability.
The types of behaviors that fall under the umbrella of harassment in California are both verbal and physical. A few examples of verbal harassment include: sending inappropriate messages, making derogatory comments and slurs, bullying, and making jokes.
Physically harassing behavior could include unwelcome physical touching, assault, blocking or cornering individuals, and vandalism of personal property.
It is important to note that California employers have an obligation to take all reasonable steps to prevent and promptly address any form of harassment in the workplace. Therefore, it is important for individuals to report any offensive behavior as soon as possible.
Can you get a restraining order for no reason?
No, you cannot get a restraining order for no reason. A restraining order is only issued by a judge after they review evidence that someone is in immediate physical danger. A restraining order serves to protect an individual from another person who has an intention to harm them or with whom they have a certain relationship, such as a past or current romantic partner.
To obtain a restraining order, a person must present sufficient evidence of imminent or ongoing harm to the court. Evidence can include threatening words or actions, physical or emotional abuse, stalking, or other forms of harassment.
The evidence must be presented and the judge must determine whether the risk of harm is substantial enough to warrant a restraining order.
How long do restraining orders stay on your record in California?
In California, the time period for a restraining order to remain active depends on the type of order it is. A Temporary Restraining Order can remain active for up to 25 days from its issuance date, while an Emergency Protective Order can remain active for up to 7 days from the issuance date.
Once the restraining order expires, it must be extended in court if you wish for it to remain on your record. If extended, a restraining order can remain on your record for up to five years, or extended through the courts for even longer periods of time.
Although most restraining orders are civil matters and will not appear on a criminal record, they may show up on background checks or on your record if the case was dismissed without prejudice.
Do restraining orders show up on background checks California?
In California, restraining orders may show up on background checks depending on the type of check being performed. Generally, restraining orders are not reported to the Department of Justice (DOJ) (as part of the criminal background check), except in the case of domestic violence restraining orders.
In these types of cases, the filing of the restraining order is reported to the DOJ, and as such, would be present on a full criminal background check.
In cases where a background check is not as thorough, or is done through a public records search only, the restraining order may not be found. Even if the restraining order was not reported to the DOJ, a restraining order can still appear on most background checks, as the court issuing the restraining order will have a record on file with their court system.
In California, employers are not permitted to ask an applicant or employee if they have a restraining order, so it is not likely that one will be present on an initial background check. It is important to note, however, that if an employer is made aware of the existence of a restraining order, they can choose to pursue a more detailed background check in order to verify the information.
How much does a restraining order cost in New Mexico?
The exact cost of obtaining a restraining order in New Mexico will depend on a variety of factors, including the type of order you are seeking and how long the process takes. Generally, filing fees for restraining orders are between $50 and $150.
If the process takes longer than a few days, attorneys’ fees and other costs could be imposed as well. There may also be additional court fees that need to be paid, depending on the specifics of your restraining order request.
It is best to consult with a qualified lawyer in New Mexico to determine the exact cost that will be associated with filing a restraining order.
What is a protective order in New Mexico?
A protective order in New Mexico is a court order issued by a judge requiring one person to stay away from another. An individual can obtain one if they have been a victim of domestic violence, harassment, stalking, sexual assault, or a similar offense in which they need protection from the perpetrator.
The order may require the perpetrator to leave the home, have no contact with the victim or other family members, or surrender all firearms. The protective order may also include provisions such as temporary child or spousal support.
The judge will set a hearing and both parties will have the opportunity to present their case. After the hearing, the judge will issue a final order, which can remain in effect for up to three years in certain cases.
Is it easy to get a restraining order?
Getting a restraining order is not always an easy process. It usually requires that the person seeking a restraining order file a petition with the court, and then the court must determine if there is sufficient evidence to grant a restraining order.
A judge generally considers the severity of the alleged abuse and the likelihood of future harm when determining whether to issue a restraining order. It is often helpful to have supporting evidence such as police reports, an affidavit from a witness, or other evidence that the person against whom the restraining order is sought poses a threat to the petitioner.
In some cases, the petitioner may need to hire a family attorney to provide guidance and assistance throughout the process. Once the restraining order has been issued, it is important to follow the terms and conditions of the order, and to contact local law enforcement if the respondent fails to comply.
How do I file for harassment in Florida?
If you have been a victim of harassment in Florida, there are a few steps you can take to file a claim.
First, it’s important to understand what constitutes harassment in Florida. Harassment is any unwanted or unwelcome behavior that causes emotional distress, fear, or risk of physical harm to an individual.
Examples of harassment include verbal or written threats, physical contact, stalking, offensive gestures, obscene telephone calls, and spreading of false rumors or gossip.
Once you’ve determined that you are indeed the victim of harassment in Florida, the steps for filing a claim will vary depending on the specific type of harassment and what organization or entity is responsible for it.
If the harassment is occurring in the workplace, you will typically need to contact your employer or human resources department immediately and make them aware of the situation. They will have their own policies and procedures for handling harassment complaints and can help you to determine your best course of action.
If the harassment is occurring in a school, college, or university setting, you should contact the school’s Title IX office if it has one, or the Department of Education’s Office of Civil Rights.
You can also file a harassment complaint with the Florida Commission on Human Relations (FCHR). The FCHR can investigate harassment incidents in a variety of settings, including employment, housing, education, public accommodations and credit discrimination.
If your complaint is accepted by the commission, they will investigate the matter and determine if it is a violation of your state or federal civil rights.
Finally, you may also choose to hire a private attorney and file a civil harassment lawsuit against the person, organization, or entity responsible for the harassment.
Ultimately, the best way to deal with harassment in Florida is to be aware of your rights and to take immediate action. By promptly reporting the harassment and filing a complaint, you can help ensure that you, as well as others, are kept safe from this type of abusive behavior.
Can you be around someone with a restraining order?
The answer to this question depends on the specific terms of the restraining order, as well as the intentions of the people involved. In certain cases, people are barred from being around someone with a restraining order, meaning it would be illegal to be in the same place as that person.
The terms of the restraining order should be adhered to in all cases. In other cases, a restraining order may place restrictions or limitations on contact or communication between two parties, but they may still be able to be around each other in certain circumstances.
In such cases, the parties should always be mindful of the terms of the restraining order and always abide by them. It is important to be proactive in this situation and to ensure that all communication is respectful and appropriate.
In cases where there is a potential for violence or an escalation of the situation, it is best to avoid any contact with the other party, to ensure the safety of everyone involved.
