Criminal Defense in Orange County

What Does a Restraining Order Do?

In California, 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.

Stay-Away Orders
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 restraining order. 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.