Not everyone is lucky enough to live next to caring and considerate individuals. Some people can be irritating, while others are involved with domestic violence or pose other threats. If you wish to take out a restraining order, you may think this solves all your issues. However, what if the person was a family member, neighbor, or another person close to you.
Could the restrained person be forced to move under the rules set out by the restraining orders? Also, what about if you are a restrained person? Would you need to move out if restraining orders exist? In our guide, you can learn more about what happens with temporary restraining orders, comprising personal conduct orders. It is a permanent order because it is a domestic violence restraining order.
By the end, you’ll learn more about how a judge grants such things, such as a civil harassment restraining order as you are not close or a temporary restraining order. It could also involve an abusive person, and the restraining order process leads to a permanent restraining order issued via a criminal court. (Read Neighbor Keeps Calling Police On Me)
What Is a Restraining Order?
A person seeking a restraining order will get a court order to stop someone from acting violently, following or getting too close to where the protected person lives, or close to their person as they go about their normal activities.
If the person violates the order by continuing their behavior, the protected person can reapply for another emergency protective order later.
There are various kinds of restraining orders. The four most noticeable are as follows:
- Personal Conduct Orders: A restraining order preventing a person from showing an abusive attitude toward you.
- Stay-Away Orders: Such orders stop someone from stalking or harassing you, should it be on your property or any other location.
- Residence Exclusion: You’ll see this as a no-contact order that removes anyone from your home which has been physically or mentally abusive. Most often, you’ll see these as a domestic violence restraining order.
- Emergency/Temporary Order: An emergency directive protects you or your family from abusers. These are typically obtained before a trial involving an abusive defendant.
Can a Restraining Orders Force Someone to Move?
One of the most frequently asked issues is if a restraining order can force someone to move out of their home.
A restraining order or a no-contact order may indeed compel someone to move.
What Restraining Order Can Force Someone to Move?
No-contact orders are the common name for certain types of restraining orders.
A no-contact order focuses on you to help you with harassing behavior at home or with nearby neighbors.
You must be aware of:
It’s intended to keep domestic violence or unlawful violence offender away from your home or your life. This could be a violent partner, member of the family, or close neighbor. If it’s someone residing in your home, you’ll have to evict them.
No contact orders are more permanent than usual restraining orders and are therefore more enforceable. A no-contact order is frequently only able to be lifted by judges or district attorneys.
No-contact orders often have a maximum duration of three years in some areas (like California).
Check your state’s laws to determine the best option. (Read What Happens When Animal Control Is Called On You)
How to File for No-Contact Restraining Orders?
If you want an abusive person in your home out of your life, you must take action immediately.
By receiving an application from the court clerk in your neighborhood, you can begin the legal process of obtaining your protective order or restraining order.
To start the process, fill out the forms as soon as possible.
- Please apply to the court clerk. They’ll deliver the documentation to the judge, who will probably set a hearing date.
- Although the application process is the same across all states, you should still check your state’s laws.
- You must present proof of the abuse showing without reasonable doubt you experienced this abuse you claimed.
What Is Civil Harassment?
Generally speaking, civil harassment is any form of physical or verbal abuse, stalking, sexual assault, or severe harassment from a person you have not met or are not in a close relationship with, such as a roommate, neighbor, or friend you have never dated.
If the abuse comes from a family, not on the list of those subject to domestic violence, it is also considered civil harassment.
So, for instance, if an uncle, aunt, niece, nephew, or cousin is causing the abuse, it is deemed civil harassment and not domestic violence.
The civil harassment law states “harassment” is:
- Unlawful violence, like assault or battery
- A credible (real) threat of violence, and
- The violence or threats seriously scare, annoy, or harass someone, and there is no valid reason.
A purposeful way or action that would reasonably cause a person to fear for their life or to protect their family is referred to as a “credible threat of violence.”
A “credible threat of violence” involves persistently following or stalking a person and making harassing phone calls or sending them unwanted mail or emails (even if it is a short time). (Read Does Fedex Leave Packages At The Door)
Civil Harassment Restraining Orders
A civil harassment restraining order is a court order that helps protect people from violence, stalking, severe harassment, or threats of violence.
You can seek a civil harassment restraining order if:
- You have been the person of abuse (or threats of abuse), sexual assault, stalking, or other severe harassment, and
- You feel threatened, very irritated, or harassed.
For civil harassment restraining orders, the restrained person isn’t:
- A spouse/partner or former spouse/partner.
- Someone you previously dated.
- A close relative (such as a parent, child, brother, sister, grandmother, grandfather, or in-laws).
If you have participated in a close relationship such as this, consider a domestic violence restraining order may be the best solution.
In a civil harassment restraining order, you can ask to restrain:
- A neighbor,
- A roommate,
- A friend,
- A family member over 2 degrees removed, such as aunts, uncles, a niece, nephew, cousins, and other distant relatives
- Other people, you have no relation to.
Should you be 65 or above, a dependent adult, you can file a civil harassment restraining order against a person you are not close to. However, you can file an elder or dependent adult abuse restraining order, as you could obtain more help before, during, and after a court case.
If you don’t qualify for a civil harassment restraining order, you can seek other orders:
- Domestic violence restraining order is for protection from people you were involved with romantically at some point or close to family members.
- Elder or dependent adult abuse restraining order (if the person being abused is 65 or older, or between 18 and 64 and a dependent adult).
- Restraining order for workplace violence (filed by an employer to protect an employee from violence, stalking, or harassment by another person).
- A residence Exclusion order is for a person to leave a residence (“kick-out” or “move-out”)
These are detailed instructions to the person being restrained from taking the residence of the person being protected and to only bring only clothing and personal belongings with them until the court hearing.
Only domestic violence or elder or dependent adult abuse restraining order situations are eligible to request these orders.
What Can a Restraining Order Do?
The person seeking it can order the restrained person to:
- Not make contact with you or any member of your household.
- Must maintain a certain distance from the protected party, their children, or any other persons living with them, no matter where you are at the time.
- Stay away from your work, school, or children’s school.
- Not hold a gun.
A restraining order is entered into a statewide computer system as soon as the court issues (makes) it.
As a result, law enforcement officers across all of California know that a restraining order has been issued.
Effects of Restraining Order on a Restrained Person?
The repercussions of getting a court order against someone might be severe, resulting in the person being confined.
- They won’t be able to do some things or go to some places.
- They won’t typically be permitted to possess a firearm. While the restraining order is in place, they must surrender, sell, or store any firearms they may possess.
- Their immigration status could be affected by the restraining order. To find out if you will be impacted, talk with an immigration lawyer if you are a person who has to be restrained and is concerned about this.
- If the person who will be restrained disobeys the restraining order, they could pay jail time, a fine, or even both.
Types of Civil Harassment Restraining Orders
Emergency Protective Order (EPO)
Only law enforcement can seek a judge for an EPO. 24/7, judges can issue EPOs. For example, a police officer who responds to a call for significant violence or threat can ask a judge for an emergency protective order day or night.
EPOs only apply for stalking-related civil harassment. Call the police and ask for an EPO if you are being stalked.
The emergency protective order might last 7 days. After that, the judge can order the abusive person to leave your home and stay away for a week; you’ll have time to file a temporary restraining order.
To secure a permanent order, you must first get a TRO. (Read Where Are The Mailboxes In My Neighborhood)
Temporary Restraining Order (TRO)
When you go to court to petition for a civil harassment restraining order, you fill out paperwork telling the judge what happened and why you need a restraining order. A court will issue a temporary restraining order if you need protection.
Until the court hearing, temporary restraining orders last 20 to 25 days.
“Permanent” Restraining Order After Hearing
At a TRO hearing, a judge could issue a “permanent” restraining order. However, they’re not “permanent” as they last 5 years.
Criminal Protective Order or “Stay-Away” Order
The district attorney may file criminal charges when there’s violence, extreme harassment (or a series of events).
The criminal case begins. The criminal courts issue a criminal protection order against the person inflicting abuse. This is applicable during the criminal case and for 3 years afterward if the defendant is a criminal charge was served, or they plead guilty.
The Restraining Order Process
When someone files for a civil harassment restraining order in court, they must explain what orders they want and why they are using the court forms. After that, court cases generally follow these steps:
A court application for a civil harassment restraining order is submitted by the person seeking protection.
The judge will decide whether to issue the order by the end of the following business day. Sometimes the judge decides earlier. The clerk will then choose a date for the hearing.
If the judge issues the sought orders, the judge will first issue “temporary” orders that are valid only until your court date. The document will include the court date.
These temporary orders may address matters such as:
- Directing the restrained person to avoid all contact with the protected person (and other protected people), including all phone calls and emails; or
- Directing the restrained person avoids the protected person (and other protected people).
The person seeking protection must “serve” the opposing person with a copy of all the restraining order paperwork before the court date.
This requires that a copy of each document be personally delivered to the person in restraints by someone who is at least 18 and NOT a party to the case.
Both parties need to appear at the court hearing.
The temporary restraining order often expires that day, and there will no longer be a restraining order if the protected person chooses not to attend court.
- The restrained person cannot take part in the case or have their perspective considered if they choose not to attend the hearing.
- The judge will decide whether to maintain or revoke the temporary restraining order at the hearing. If the judge prolongs the temporary order, the “permanent” order might remain for up to five years.
If you want to know how do you get around a restraining order, there are not many ways.
You can seek the court to alter the order if you wish to reunite or talk to the protected party.
The “no contact” and “no abuse” provisions of the order may both be dropped by the court.