Different Types of Restraining Orders: Which One Do You Need?
People face situations every day where they need protection and clarity. Sometimes, the right next step is a restraining order. The word itself can sound intimidating, but the truth is that it’s a legal tool designed to create safety and establish boundaries. Whether you’re feeling threatened, emotionally manipulated, or physically unsafe, there may be a restraining order that fits your situation.
California offers different types of restraining orders depending on your relationship with the other person and the type of behavior you’re experiencing. As an experienced restraining order attorney at the Law Office of Shelly Jean John, I believe that everyone should understand their legal options, and that includes people who handle parts of their cases on their own.
Whether you work with us from start to finish or just need help for a day, it helps to know what to ask for and when to ask for it.
Domestic Violence Restraining Orders
A domestic violence restraining order (DVRO) is one of the most commonly filed orders under California family law. For individuals who are being abused, threatened, stalked, or harassed by someone with whom they share a close relationship, this may be the appropriate legal remedy.
Qualifying relationships include current or former spouses, romantic partners, co-parents, household members, or close family members. Domestic violence can take many forms beyond physical harm. California law recognizes a broad range of behaviors, including:
Verbal threats or emotional abuse: Yelling, name-calling, intimidation, or manipulation
Physical violence: Pushing, hitting, grabbing, or inflicting other physical harm
Sexual abuse: Any non-consensual sexual contact
Property destruction: Breaking personal items or household property
Stalking and digital harassment: Repeated contact through calls, texts, or social media
If granted, a DVRO can require the other person to stay away from your home, work, or child’s school. It can also order them to move out of your home, return property, or follow temporary custody and visitation terms.
These orders can also influence future legal decisions, especially in cases where long-term custody arrangements are in question. It's important to present a clear, detailed record to support your case.
Civil Harassment Restraining Orders
Sometimes, the person causing you distress isn’t someone you have a close personal relationship with. A civil harassment restraining order applies when you need protection from someone, like a neighbor, acquaintance, roommate, or even a stranger.
These orders are often used when stalking, harassment, or repeated intimidation occurs outside of a domestic relationship. Obtaining a civil harassment order can be more challenging than a DVRO, as courts often require evidence of an ongoing pattern rather than a single incident.
Evidence such as text messages, emails, police reports, or witness statements can help demonstrate serious and continuing conduct.
In some cases, the presence of public confrontation or repeated complaints to authorities can serve as valuable evidence. It’s critical to act early if the conduct starts to escalate.
Elder or Dependent Adult Restraining Orders
California law also protects seniors and dependent adults who are being abused, neglected, or exploited. If you or someone you love is over 65 or is a dependent adult between 18 and 64 who has a disability or is unable to care for themselves, this may be the right order to request.
Abuse in these cases can look like:
Financial exploitation: Pressuring someone to give away money or sign documents
Emotional isolation: Cutting off contact with family or trusted friends
Neglect: Failing to provide food, medicine, or basic care
Physical harm: Bruising, injuries, or unexplained medical conditions
These cases can be especially sensitive. When helping someone experiencing cognitive decline or fear, it’s important to gather clear evidence, such as medical records, bank statements, or eyewitness accounts that show mistreatment or manipulation.
Workplace Violence Restraining Orders
For individuals experiencing threats or harassment in a professional setting, a workplace violence restraining order may provide protection. Only an employer can request this type of order, but employees may still consult an attorney to understand their rights and support the filing process.
Workplace orders often apply when there’s:
Threats of violence: Verbal or written threats made in person, online, or over the phone
Actual acts of violence: Hitting, pushing, or assault
Harassment or stalking: Repeated unwanted visits, messages, or contact near the workplace
The goal is to prevent danger before it escalates. These orders often include stay-away provisions and restrictions on firearms. If your employer is reluctant to act or unsure how to proceed, you can speak to an attorney who can advise on how to collect documentation and raise the issue with HR or upper management.
Temporary vs. Permanent Restraining Orders
All restraining orders begin with a temporary order (TRO). This is granted quickly, usually the same or next day, if the court believes there’s an immediate need for protection. It’s based on the information provided in your written request.
After the TRO is issued, a hearing is scheduled, usually within three weeks. At that hearing, both sides can present evidence, and the judge decides whether to issue a permanent restraining order. These longer-term orders typically last from one to five years and can be renewed if the risk persists.
The hearing stage is often where many self-represented people feel overwhelmed. Courtroom procedures, evidence rules, and direct testimony can all become a challenge without support. Preparing early and knowing how to structure your case can make a significant difference.
Individuals filing without legal support should make sure their declarations are detailed and specific. If writing the declaration or gathering evidence feels uncertain, short-term legal services—like a document review or court preparation session—can be a useful resource.
How Restraining Orders Affect Family Law Cases
Restraining orders can significantly impact divorce, custody, and visitation. If you and the other party share children, a judge may use the restraining order to create temporary custody orders, limit visitation, or require supervised contact. These decisions are made in the best interest of the child, but they can change the direction of your case quickly.
A restraining order may also:
Affect spousal support decisions
Prevent one person from accessing joint bank accounts or homes
Impact the division of property if one party is restricted from returning home
Mediation and co-parenting arrangements may also be affected. If the individuals involved must remain physically separated, scheduling exchanges and maintaining communication can become more difficult. Parenting plans must often be adjusted to account for no-contact provisions while still supporting the child’s well-being.
When to File on Your Own and When to Ask for Help
Many people in California file restraining orders without a lawyer. You don’t need an attorney to start the process, and courts provide forms and basic instructions. If your situation is straightforward, you may be able to file on your own and feel confident doing so.
You may want legal help if:
Children, housing, or finances are involved
You need help writing a strong declaration
You’re facing a court hearing and need help preparing
You’ve been served with a restraining order and want to defend yourself
Some clients ask for legal assistance only at the beginning, while others bring us in after things get more complicated. Either way, getting guidance early helps prevent delays, missed deadlines, or incorrect filings. If you’re unsure, we offer options like document review or one-time court prep sessions.
Experienced Legal Assistance
At the Law Office of Shelly Jean John, I help people protect themselves and their families through every stage of a restraining order case. With locations in Ontario and Riverside, California, I serve clients in San Bernardino County and Riverside County. If you're considering filing or need help responding to a restraining order, I’m ready to help you take the next step with confidence. Contact my firm today.