RESTRAINING ORDERS

Restraining orders help protect people facing harassment, threats, abuse, or workplace danger.

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California generally recognizes four main types of restraining orders:

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• Civil Harassment Restraining Orders

• Domestic Violence Restraining Orders

• Elder Abuse Restraining Orders

• Workplace Violence Restraining Orders

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Each type applies to a different relationship or safety concern.

Civil Harassment Restraining Orders

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Civil harassment restraining orders are used when the parties do not have an intimate or close family relationship, such as disputes involving neighbors, roommates, friends, coworkers, or strangers.

Domestic Violence Restraining Orders

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Domestic violence restraining orders apply when there is an intimate relationship or close family connection, including spouses, former partners, siblings, or other close relatives.

Elder Abuse or Dependent Adult Restraining Orders

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Elder or dependent adult restraining orders protect people age 65 or older, or dependent adults who need care, and may be filed by someone with legal authority.

Workplace Violence Restraining Orders

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Workplace violence restraining orders are filed by employers to protect employees when there is a credible threat of violence at work.

Understanding the Evidence Needed in Restraining Order Cases

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The required evidence depends on the type of restraining order and the relationship between the parties.

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• Clear and convincing evidence: Required for civil harassment and workplace violence restraining orders.

• Preponderance of the evidence: Required for elder abuse and domestic violence restraining orders; this means the claim is more likely true than not.

• Beyond a reasonable doubt: Used in criminal cases and is a higher standard than restraining order cases.

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These standards are often described generally as increasing levels of proof, but they are not assigned fixed percentages.