Grounds for a Restraining Order
Typically, Restraining orders are based on recent acts of:
- Physical violence (i.e., hitting, pushing, throwing things at, or touching offensively). Physical injury is not required.
- Threats of violence place the person is seeking the restraining order in reasonable apprehension of serious bodily injury (i.e., “I’m going to kill you”). Merely yelling, abusive language, or rude/insulting conduct (without threatened violence) is insufficient to sustain a restraining order.
- Harassment. The harassment must be continuing such that it causes the person seeking the restraining order emotional distress and would cause the proverbial “reasonable person” to suffer emotional distress.
There may be other grounds, depending on the type of restraining order.
To learn more about restraining orders in California, contact the San Diego lawyers at Embry Family Law P.C. today.
If you seek a restraining order and your paperwork does not state a sufficient factual basis – even though a reasonable basis may exist – the court may deny your request. While you are not required to hire an attorney, you would be well-advised not to go it alone. You only get one bite at the apple and may be subjected to aggressive cross-examination by the other side.
Our attorneys understand how protective orders work and the types of cases a restraining order is usually attached to, such as domestic violence and assault.
Whether you are seeking or defending against a Domestic Violence (dating/cohabitant/marriage relationship) Restraining Order, Civil Harassment (neighbor or co-worker) Restraining Order, or Elder Abuse (age 65 or disabled) Restraining Order, you need a qualified lawyer to protect your interests.
This information is general and should not be construed to be formal legal advice or the formation of a lawyer/client relationship.