Types of Restraining Orders

When law enforcement respond to a domestic violence call, they can ask a bench offcier for an EPO. This stands for emergency protective order. It is issued by a law enforcement officer with the permission of a Judge or Commissioner. It is done at the scene of the incident.

A Civil Harassment restraining order is issued when a person has suffered harassment by any of the following means: unlawful violence, a credible threat of violence or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person and that serves no legitimate purpose. This is typical for neighbors, workers, friends, and other individuals that do not have a dating relationship or a relationship that is defined by domestic violence orders. The burden of proof os clear and convincing evidence, greater than that for DV cases.

A Domestic Violence Restraining Order is issued to prevent acts of abuse by a batterer which can be defined as follows: intentional or reckless attempts to cause bodily injury, sexual assault, placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another or engaging in any behavior that has been or could be enjoined such as molesting, attacking, striking, stalking, threatening, battering, harassing, telephoning, destroying personal property, contacting the other by mail or otherwise, disturbing the peace of the other party.

An Elder Abuse Restraining Order is issued to protect an older person when there is a threat of harm or wrongdoing. If you are 65 or older, or you are between 18 and 64 and have certain disabilities, and if you are a victim of any of the following: physical or financial abuse, neglect, abandonment or treatment that has physically or mentally hurt you, you can seek an order.

A Workplace Violence Restraining Order is issued by a court when an employee has suffered unlawful violence or a credible threat of violence from an individual that can reasonably be construed to be carried out or to have been carried out at the workplace. This individual may seek a temporary restraining order and an injunction on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.

Categories: Restraining Orders