Can a Restraining Order Be Issued Without Physical Abuse?
In California, restraining orders are designed to protect individuals from various forms of harm, whether physical, emotional, or psychological. While many people associate restraining orders with physical abuse, the reality is that such orders can also be issued in cases where physical harm hasn’t occurred.
Working with a restraining orders attorney can help you manage the complicated legal process and make sure that you receive the protection you need. At The Family Law Revolution, I provide knowledgeable counsel to guide you through the steps of obtaining a restraining order in Ontario, California, whether or not physical abuse has been involved.
Let’s explore the legal grounds under which a restraining order can be issued without physical abuse, and the importance of consulting a restraining orders attorney for those seeking legal protection.
What Is a Restraining Order?
A restraining order, also known as a protective order, is a court order designed to prevent one person from contacting, harassing, or coming near another person. Restraining orders are often associated with domestic violence, but they’re also applicable in cases involving stalking, harassment, or threats, even if physical abuse hasn’t yet occurred.
In California, there are several types of restraining orders, including:
Domestic violence restraining orders (DVROs): For cases involving abuse or threats from a spouse, partner, or family member.
Civil harassment restraining orders (CHROs): Used in situations of harassment between non-family members, such as neighbors or acquaintances.
Elder or dependent adult abuse restraining orders: Specifically for cases where an elderly or dependent adult is being abused or threatened.
A restraining order can be issued to prevent further abuse, threats, or contact between the victim and the alleged abuser, regardless of whether physical violence has been involved.
Grounds for a Restraining Order Without Physical Abuse
Physical abuse isn’t the only factor that can lead to the issuance of a restraining order. California law allows restraining orders to be granted based on a variety of other circumstances. For example, emotional distress, threats, and stalking can be sufficient grounds for obtaining protection through a restraining order.
Threats of Violence
Threats alone can be enough to secure a restraining order in California. Under the law, threats are considered a form of abuse, even if no physical harm has been inflicted. If an individual makes credible threats of harm to another, the court may issue a restraining order to prevent the threatened party from being further subjected to potential violence.
Verbal threats: These may include explicit threats to harm or kill another person.
Non-verbal threats: Actions such as displaying a weapon or making menacing gestures can also be considered threats.
These threats create a sense of fear and emotional distress, which can be grounds for a restraining order. A restraining orders attorney can help demonstrate the severity of the threat in court, even if physical violence hasn’t occurred.
Harassment
Harassment involves repeated and unwanted actions that disturb or cause distress to another person. This can include unwanted phone calls, emails, text messages, or even stalking behavior. Harassment can be verbal, written, or through actions that cause significant emotional distress.
Examples of harassment that may lead to a restraining order include:
Repeated unwanted communications.
Following or showing up uninvited at the victim’s home, workplace, or other places they frequent.
Engaging in behaviors that make the victim feel unsafe, such as waiting outside their house or spreading false rumors.
Harassment isn’t limited to physical abuse, and the law recognizes that prolonged emotional distress can be as damaging as physical harm. In such cases, a restraining orders attorney can help victims traverse the legal system to gain the necessary protection.
Stalking
Stalking involves a pattern of behavior where an individual repeatedly follows, watches, or engages in actions intended to intimidate or frighten another person. Even in the absence of physical abuse, stalking can lead to serious emotional harm and a sense of fear for the victim’s safety.
To qualify for a restraining order based on stalking, the victim must show that the stalking behavior has caused them to feel afraid for their safety or the safety of their family. This can include:
Repeatedly showing up at the victim’s home or place of work.
Sending unwanted gifts or letters that cause the victim distress.
Using technology to track or monitor the victim.
If you believe you’re a victim of stalking, consulting with a restraining orders attorney is critical to make sure that your case is presented effectively in court.
Legal Process for Obtaining a Restraining Order Without Physical Abuse
The process for obtaining a restraining order in California is structured but can be complicated. If you’re a victim of emotional abuse, harassment, or threats and wish to pursue a restraining order, it’s vital to understand the steps involved.
1. Filing for a Temporary Restraining Order (TRO)
The first step in the process is typically to request a Temporary Restraining Order (TRO), which is an emergency measure that can be granted quickly to provide immediate protection. A TRO is usually issued for a short period, typically 21 days, during which time a court hearing will be scheduled to determine whether the restraining order should be extended.
To obtain a TRO, the petitioner must provide evidence of the alleged abuse or threat. This evidence may include:
Testimony regarding the events that led to the request.
Documentation of any threatening messages, emails, or phone calls.
Police reports or other records supporting the claim.
Having an attorney on your side will be of great help.
2. Attending the Hearing
Once a TRO is granted, a hearing will be scheduled where both the petitioner and the respondent (the person the restraining order is being filed against) can present their case. The judge will review all evidence presented, including any witness testimony, and determine if a longer-term restraining order is necessary.
At this hearing, the petitioner will need to demonstrate:
A credible fear of harm or distress.
The presence of actions such as threats, harassment, or stalking.
Any supporting evidence, such as communication logs or witness statements.
A restraining orders attorney can assist in gathering and presenting the necessary evidence, making sure your case is as strong as possible.
3. Issuance of a Permanent Restraining Order
If the judge determines that the allegations are valid, a permanent restraining order will be issued. This order typically lasts for up to five years, but it can be renewed if necessary. The restraining order will outline the specific restrictions placed on the respondent, such as:
Prohibiting contact with the petitioner.
Requiring the respondent to stay a certain distance away from the petitioner’s home, workplace, or other designated locations.
In some cases, the respondent may be required to attend counseling or other programs.
While the legal process for obtaining a restraining order without physical abuse in California may be complicated, understanding the necessary steps and gathering proper evidence is crucial to securing the protection you need.
Speak to an Attorney Today
A family law attorney can provide valuable assistance by helping you gather the necessary evidence, file the appropriate paperwork, and represent your case in court. If you need legal assistance, contact me, Attorney Shelly Jean John, at The Family Law Revolution. I’m proud to serve clients in Ontario, California, as well as Riverside, San Bernardino County, and Riverside County. Contact me, Attorney Shelly Jean John, at The Family Law Revolution today.