How Does a Restraining Order Work and What Does it Cover?
A restraining order, also known as a protective order or no contact order, can shield victims of assault, stalking, domestic violence, and other abuses from seeing their abuser. A restraining order acts as a legal wall between having to see or speak to the person who would cause them harm.
A restraining order uses legal ramifications to deter the abuser from contacting or approaching the protected person. Because of this, the abuser is called the restrained person, while the individual seeking protection is called the protected person. It also gives the police the ability to arrest the restrained person if they break the rules of the restraining order.
This often leads people to wonder, what all does a restraining order do? Does a restraining order go both ways? Can the protected person who requested the restraining order get in trouble if they contact the restrained person? Keep reading below to learn more.
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Different Types of Restraining and Protection Orders
As mentioned above, a restraining order protects one person from another who may cause harm. Restraining orders, protective orders, and no contact orders may be called different names depending on the court, but they often include some combination of the following provisions:
Personal Conduct Order
A personal conduct order stops all forms of contact, including emails, phone calls, texts, social media messages, or indirect communication through third parties. It also prohibits physical contact, harassment, threats, or disturbing the peace of the protected person. In some cases, this includes damage to personal property.
Stay-away Orders
These require the restrained person to keep a specific distance away from the protected person, commonly 100 yards in California, though the judge sets the exact distance in each case. It also covers places the protected person frequents, such as their home, workplace, their children’s schools, vehicles, and more. The distance applies in every direction, so being in the same building on a different floor can still violate the order.
Residence Exclusion
When the restrained person and protected person live together, a judge may issue a residence exclusion order, sometimes referred to as a “move out” or “kick out” order. This requires the restrained person to leave the shared residence and only retrieve essential personal belongings, often with law enforcement present, until the next court hearing. In some cases involving divorce or separation, a judge may instead allow peaceful contact while other terms of the order remain in effect.
Does a Restraining Order Apply To Both Parties?
No. A restraining order does not go both ways.
A restraining order restrains one person and protects another. The same is true for a no contact order or protective order: it does not work both ways. Restraining orders are not mutual unless a judge specifically issues separate orders against both parties, which is rare and requires specific findings by the court.
The protected person does not have to stop going places they enjoy, move out of their home, or avoid friends and family. This is why restraining orders do not “work both ways” under the law. The protected person’s primary focus is safety and healing.
What Is a Mutual Restraining Order?
A mutual restraining order, sometimes called a mutual protective order, is when two people each have a restraining order against the other. In California, a judge can only issue mutual orders if both parties personally appeared, both presented written evidence of abuse, and the court made detailed findings that each person acted as a primary aggressor and neither acted primarily in self-defense. Because of these strict requirements, mutual restraining orders are uncommon.
What Happens If You Run Into Someone With a Restraining Order?
If the protected person runs into the restrained person accidentally, such as at a grocery store, gas station, or mall, the restrained person must leave immediately. The protected person is not required to leave and is not violating the restraining order by being present.
How Does a Restraining Order Work If You Work Together?
Workplace situations are handled carefully by the court. A judge can tailor the order to allow brief, peaceful contact required for work while still prohibiting all other contact, or the order may effectively require the restrained person to change shifts, locations, or jobs. If you share an employer with the other party, tell the court at the hearing so the order addresses it directly.
Do Restraining Orders Only Work Side to Side and Not Up and Down?
Despite a popular social media myth, restraining order distances apply in all directions, including vertically. Being in an apartment directly above the protected person or on a different floor of the same building can still violate a stay-away order if it puts the restrained person within the prohibited distance.
Can the protected person get in trouble for contacting a restrained person?
Generally no. If the protected person starts harassing the restrained person, that’s a different situation entirely. It’s usually best if the protected person doesn’t contact or speak to the restrained person at all. If both parties are accused of violations, the court examines each person’s conduct separately, but only the restrained person can violate the order itself.
San Diego Restraining Order Help With Hassett Family Law
If you feel your safety is in jeopardy, a restraining order can give you the legal protection to live your life in peace. Restraining orders often intersect with child custody and emergency custody requests, and our attorneys handle both. Our legal team at Hassett Family Law has over 20 years of experience, exclusively in Family Law, serving San Diego County communities from Encinitas to Oceanside. Our mission is to protect you and your family. Please contact us today for a complimentary consultation.