Most laws which are applied in these cases are found in the Family Code. Domestic violence restraining orders are usually grounded in some type of relationship, such as married couples, dating persons, family members or similar relationships, and tend to be governed by the Family Courts. Some are based in verbal and emotional distress, and others are based in threats of violence, or actual violence.
The laws applied in civil harassment cases are primarily governed by the Civil Code. Civil harassment restraining orders are most often filed by neighbors, coworkers, former friends, or persons outside of intimate relationships, such as ex’s who don’t like the fact that your new partner is involved with you. These can be troublesome because the feud or dispute between the parties tends to have been ongoing for a long time and something happens which finally reaches a more serious level. Emotions can run high, even when the parties were never involved in a relationship with each other.
Most laws applied in criminal cases are governed by the Penal Code. Criminal protective orders may arise by law enforcement officers responding to a 911 incident and they ask a magistrate for an Emergency Protective Order which is approved by telephone. The judge at the initial hearing typically orders the defendant to completely stay away and not contact the protected party with the criminal protective order while the criminal case remains pending. If the defendant is convicted of a crime, the criminal protective order may be imposed as part of the sentencing for a period of the number of years the defendant is on probation. If you are a defendant who has had, or may be, charged with a criminal offense as well as a restraining order, you should inform your attorney immediately if you are arrested or served with legal process.
Elder abuse restraining orders are governed by the Welfare and Institutions Code. They are often based in accusations of violence, threats of violence, financial abuse by stealing or taking any property or money belonging to the elderly person, neglect, isolation of the elderly person or even abducting them, which may cause, or has caused, phycical harm or emotional suffering. Force, threats, harassment or intimdation are often used to abuse the elderly and may be part of the accusations.
Testimony which may seem civil in nature may also lead to consequences of criminal charges being filed. Similarly, if criminal charges have been made against you, or if you have ever been convicted of a felony, that fact may be used against you in trial or hearing, even if it is unrelated to the restraining order case. Criminal charges by the local District Attorney may be followed up with a restraining order filed privately against you. It is important to know your rights so you do not incriminate yourself from any testimony which may be used against you. Other problems may be protentially concerning, so consult an attorney as soon as possible to discuss the facts known to you for your own benefit.
