a restraining order can do three things: prohibit an individual from contacting or harassing someone, keep an
individual from being physically near an alleged victim, and force the
individual to move out of his / her residence. These orders are called
personal conduct orders,
stay-away orders, and
residence exclusion orders.
Personal Conduct Orders
A protective order issued by a California court can dictate the way the
alleged offender conducts him / herself. For example, the order might
prohibit the individual from threatening or stalking the victim, destroying
personal property, or harassing the victim in any way.
Personal conduct orders are designed to stop
specific acts against the protected person. These orders can apply to several victims
too, such as a parent and his / her children.
These orders keep the alleged offender from entering a pre-determined
perimeter around the protected person(s). This distance varies, depending
on the case and the decision of the court. Stay-away orders commonly set
the perimeter at 50 or 100 yards.
In addition to establishing a perimeter around the protected person, the
stay-away order keeps the restrained person from coming within a certain
distance of other locations. These include:
- The protected person's home
- Where the protected person works
- His / her children's school or daycare
- The protected person's car / vehicle
Residence Exclusion Orders
Also called "move-out" or "kick-out" orders, residence
exclusion orders can have a serious effect on the life of the restrained
individual. These orders can actually
force the restrained person to move out of his / her home. The court usually issues this type of order to protect the individual
from serious domestic violence or elder abuse.
Restraining orders can be very useful, but
not every protective order is based on a legitimate threat. If you were falsely accused of domestic violence, stalking, harassment,
or another threat, you could face the unfair consequences of an unnecessary
We can help. At The Law Office of Barney B. Gibbs, we are well versed in criminal
defense law, including restraining orders and domestic violence accusations.
Learn more about your legal rights and options by
calling our office today.