Have you ever wondered whether a restraining order could help you? If so, you’ve come to the right place. We’re here to demystify restraining orders for you. To start, there are different kinds of restraining orders. Each type of restraining order can do different things, has different eligibility requirements, and is subject to different laws and rules. There are three main types of civil restraining orders that individuals can apply for: (1) Elder Abuse Restraining Order, (2) Domestic Violence Restraining Order, and (3) Civil Harassment Restraining Order.
Elder Abuse Restraining Order
Who is eligible: To be eligible to obtain an Elder Abuse Restraining Order (EARO), you must be 65 or older or you must have physical or mental limitations that interfere with your ability to carry out normal activities. In addition, to get an EARO you must have experienced elder abuse. You have the option of asking a judge to add additional parties, such as a household member, minor child, or a caregiver, to your restraining order, allowing these parties to receive protections as well.
What is elder abuse: There are different types of elder abuse. Elder abuse includes physical abuse, neglect, financial abuse, abandonment, sexual abuse, mental or emotional abuse, and sexual abuse. Elder abuse also occurs when a caregiver fails to provide the person they care for with goods or services needed to avoid harm or suffering.
To learn more about what elder abuse is, click here.
What can an Elder Abuse Restraining Order do: With an EARO, there are multiple types of orders that you can get. First, you can get an order that the abuser not abuse, intimidate, molest, attack, strike, stalk, threaten, assault, hit, harass, destroy the personal property of, or disturb the peace of the elder. Next, you can get an order that limits the contact between the elder and the abuser in specific ways or bars all contact between elder and the person who is abusing them. An EARO can also order the abuser to stay away from the elder or the elder’s home, job, vehicle, or another place the elder often goes, like a place of worship.
Finally, an EARO can require that the abuser move out of the elder’s home. Note that there are special requirements as to when an EARO can be used to order someone to move out. Because of these requirements, not every restraining order will be able to include a move out order. In some circumstances, an EARO can be used to secure the return of property, though this can vary depending on the particular case.
Generally, an EARO is not a tool that can be used for getting money or real property, meaning land, from another person. There are other legal processes for this. If obtaining the return of money or land is your goal, then an EARO may not be the right option for you.
How can you apply for an Elder Abuse Restraining Order: To apply for an EARO, there is a set of forms that you must fill out and submit to the civil court in Martinez. Once you do this, a judge will review your forms and set a date for a hearing. The judge may issue you a temporary restraining order to protect you while you wait to have your hearing. Whether you get an EARO and what orders the EARO contains will be up to a judge.
Domestic Violence Restraining Order
Who is eligible: Eligibility for a Domestic Violence Restraining Order (DVRO) depends on your relationship to the person who you are seeking a restraining order against. You can request a DVRO against the following types of people only:
- Spouse or former spouse
- Person who you have, or have had, an intimate relationship with
- The other parent of your child
- Anyone closely related to you by blood, adoption, or marriage, including a mother, father, child, sibling, or grandparent (note that nieces, nephews, aunts, and uncles are not included here)
If you have experienced domestic violence (DV) by any of the people in the above list, you may be eligible for a DVRO.
What is domestic violence: There are different kinds of DV. While DV can involve physical or sexual abuse, it can also involve no physical injury and consist of spoken, written, or emotional abuse. DV can involve threats of harm, stalking, destroying your personal property, harassment, and contacting you repeatedly. As with an EARO, you can ask a judge to add other individuals to your DVRO, including household members, minor children, or caregivers.
Another form of DV is when someone disturbs your peace, which means conduct that destroys your mental or emotional calm. Disturbing the peace can be indirect or direct, and done in any manner, including in person, over the phone, online, or via text message. Disturbing the peace can include coercive control, which consists of many acts that unreasonably limit the free will and individual rights of another person. Examples of coercive control include isolating someone from friends or family, controlling someone’s movement, contacts with others, actions, money, or access to services, or preventing someone from acquiring food or meeting basic needs. Coercive control can also involve making someone do something they don’t want to do through force, threats, or intimidating behavior, including immigration-related threats.
What can a Domestic Violence Restraining Order do: A DVRO can include a myriad of different orders. DVROs can include orders not to contact you or any other protected parties. You can get an order that the other party not abuse, harass, stalk, disturb your peace, molest, follow, hit, assault, impersonate, surveil you, annoy you by phone or electronic means, or block your movements. Stay away orders are also available, which can include orders that the other person stay away from you, your home, job, school, vehicle, other another place you frequent. Move out orders that require someone to move out of your home are also available, though there are special eligibility requirements for this type of order.
With DVROs, you can also ask that you be granted control of particular property or that the other person pay particular debts or bills. Where both parties are married or domestic partners, you can ask that you be granted spousal support and that the other person refrain from taking certain actions with regards to property. Lastly, you can get an order that a wireless phone account be transferred to your name and that the other person not make changes to insurance policies.
How can you apply for an Domestic Violence Restraining Order: You can apply for a DVRO in Contra Costa County by filling out the appropriate court forms and submitting them to the Family Court in Martinez. You can submit your forms in person or over email. A judge will review your forms and set a date for a hearing. At the hearing, the judge will decide whether to give you a DVRO or not, and what orders the DVRO should contain. You can ask that the judge grant you a temporary restraining order to protect you while you wait to have your hearing.
To learn more about domestic violence and DVROs, click here.
Civil Harassment Restraining Orders
Who is eligible: Anyone is eligible for a Civil Harassment Restraining Order (CHRO). There are no age or disability restrictions and there are no requirements regarding the relationship between you and the person who is harassing you. As with an EARO and a DVRO, you can ask that a judge add other persons to your CHRO.
What is civil harassment? Civil harassment occurs when someone is harassing you, is stalking you, has committed acts of violence against you, or has threatened you with violence.
What can a Civil Harassment Restraining Order do: A CHRO can contain orders that the other person not harass or threaten you. You can also get orders that the other person have no contact with you. Lastly, you can get an order that the other person stay away from you and your home, vehicle, workplace, school, or another place you often go. It is important to note that unlike DVROs and EAROs, with a CHRO, you cannot get an order that another person move out of your home.
How can you apply for a Civil Harassment Restraining Order: You can apply for a CHRO in Contra Costa County by filling out the correct set of forms and submitting them to the civil court in Martinez. A judge will review your forms and set a date for a hearing. At this hearing, a judge will decide whether to give you a restraining order or not. You can ask for a temporary restraining order to protect you while you wait to have your hearing. It will be up to the judge whether you get the CHRO that you are seeking and what orders that restraining order contains.
Resources
If you have questions about elder abuse, civil harassment, domestic violence, restraining order eligibility, and what type of restraining order may be right for you, contact Contra Costa Senior Legal Services at (925) 609-7900 and we can assist you. Note that you must be at least 60 years old or older and live in Contra Costa County to be eligible for our services. You can visit our website at https://www.ccsls.org/ for additional resources and information about our services.
Contra Costa Senior Legal Services is a partner in the Contra Costa County Elder Abuse Prevention Project (EAPP). EAPP is a partnership of organizations that serve elders who are experiencing physical psychological, financial, and emotion abuse. To learn more about EAPP, click here.
For additional information on how to apply for restraining orders in Contra Costa County, click here.
To report abuse in Contra Costa County, you can call Adult Protective Services. Click here to learn more.