Marin County Restraining Order Attorney

Under California law, a restraining order is a type of court order intended to help protect an individual from being subjected to:

• Physical or sexual abuse;
• Being threatened;
• Being stalked; and/or 
• Being harassed. 

The individual pursuing the restraining order is typically called the “protected party.” The individual the order is against is referred to as the “restrained party.” 

If a court agrees to enter a restraining order, it carries the force to do the following:

• Keep the restrained individual a specific distance away from the protected individual.
• Keep the restrained individual from contacting and threatening the protected individual.
• Make the restrained individual move out from the protected individual’s residence.
• Keep the restrained individual from contacting the protected individual’s child, or children.

Personal conduct orders focus on stopping specific acts against the individuals named in the restraining order as a “protected parties.” The type of conduct a restrained individual can be ordered to cease via a personal conduct order includes:

• Contacting the protected individual, which includes phone calls, text messages, emails, etc.;
• Attacking or physically harming the protected individual;
• Stalking the protected individual;
• Threatening or harassing the protected individual;
• Sexually assaulting the protected individual; and/or
• Destroying the protected individual’s personal property.

A stay-away order carries the legal force to keep the restrained individual a specific distance away (e.g., 100 yards) from the following people:

• The protected individual;
• Where the protected individual resides;
• The protected individual’s workplace;
• The protected individual’s automobile
• The protected individual’s children, including where they attend school.

Also known as “kick out” or “move out” restraining orders, a residence exclusion order directs the restrained individual to move out from where the protected individual lives and to take only clothing and personal belongings until a scheduled court hearing. A kick-out order can only be sought in cases involving allegations of domestic violence or elder or dependent adult abuse.

In Marin County, there are generally four types of restraining orders: domestic violence restraining orders and elder abuse restraining orders. civil harassment restraining orders, and workplace violence restraining orders. Let’s take a look at each.

A domestic violence restraining order protects an individual from different types of domestic violence. An individual has grounds to pursue a domestic violence restraining order if they are being subjected to abuse by another individual and they have a close relationship with the alleged abuser. Examples of a “close relationship” would include being married or registered domestic partners, divorced, separated, dating or used to date, having a child together, or living together or used to live together — but more than roommates. Another “close relationship” is if someone is related to the alleged abuser (e.g., a parent, child, sibling, or other relative). 

This type of restraining order is designed to protect elderly individuals and dependent adults from various abusive acts, such as:

• Neglect, abuse, abandonment, or other acts that result in mental or physical suffering.
• The deprivation of goods and/or services that are necessary to avoid mental or physical suffering.
• Using the elder or dependent adult’s financials in a way that is not in their best interest

An individual has grounds to pursue an elder abuse restraining order if they are 65 years of age (or older) or they are between the ages of 18 and 64 and have specific mental or physical disabilities that keep them from being able to do normal activities or protect themselves. In addition, the individual is being subjected to abusive acts, such as:

• Physical or financial abuse,
• Neglect or abandonment,
• Treatment that has physically or mentally hurt the individual,
• Deprivation by a caregiver of basic things or services needed so the individual will not suffer physically, mentally, or emotionally.

Civil harassment restraining orders can be filed by an individual who is alleged to have been harassed by another individual. Basically, they are filed when an individual does not have an intimate relationship with the other party but wants to file a restraining order to halt the harassment. Pursuant to California Code of Civil Procedure Section 527.6, harassment is defined as:

• Violence that is unlawful
• Credible threats of violent acts
• Continuous conduct, serving no legitimate purpose, that is directed at a specific person and is used to seriously annoy, alarm, or harass the person.

An individual has grounds to seek a civil harassment restraining order if they are being harassed, stalked, abused, or threatened by another individual.

Workplace violence restraining orders can be filed by employers to protect employees from being subjected to any violence or threats of violence in the workplace. Employers can file for temporary restraining orders on behalf of one, or multiple, employees.

 The legal grounds to pursue a workplace violence restraining order include:

• Being an employer, and
• Asking for a restraining order to protect an employee, or employees, who are alleged to have suffered stalking, serious harassment, violence, or a credible (real) threat of violence at the workplace.

It is important to note that an employee is prohibited from requesting a workplace violence restraining order. Generally, an employee concerned about physical violence in the workplace has the option to seek a civil harassment restraining order.

If you have concerns about obtaining a restraining order or are facing one yourself, reach out to the Law Offices of Kevin Heaney. With over two decades of legal experience, Kevin can answer your questions, address your concerns, and guide you through the restraining order process. Protect your rights and well-being.

Don’t let a restraining order ruin your life. Contact Kevin Heaney today to start your Restraining Order case.