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.

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.

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.

Domestic Violence Restraining Order

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). 

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.