Restraining Orders

There are (4) types of restraining orders available through the courts. Those orders are:

  • Domestic Violence
  • Elder and Dependent Adult Abuse
  • Civil Harassment
  • Workplace Violence

DOMESTIC VIOLENCE

A domestic violence restraining order is a court order that helps protect people from abuse or threats of abuse from someone they have a close relationship with. More information about Domestic Violence Restraining Orders can be found here.

ELDER AND DEPENDENT ADULT ABUSE

Abuse of an elder or a dependent adult is an abuse of:

  • Someone 65 years old or older; or A dependent adult, who is someone between 18 and 64 that has certain mental or physical disabilities that keep him or her from being able to do normal activities or protect himself or herself.

The law says elder or dependent adult abuse is:

  • Physical abuse, neglect, financial abuse, abandonment, isolation, abduction (taking the person out of the state against his or her will), or other behavior that causes physical harm, pain, or mental suffering; OR Deprivation by a caregiver of things or services that the elder or dependent adult needs to avoid physical harm or mental suffering.

You can find more information about an Elder and Dependent Adult Abuse Restraining Order here.

CIVIL HARASSMENT

In general, civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated and do NOT have a close relationship with, like a neighbor, a roommate, or a friend (that you have never dated). It is also civil harassment if the abuse is from a family member that is not included in the list under domestic violence. So, for example, if the abuse is from an uncle or aunt, a niece or nephew, or a cousin, it is considered civil harassment and NOT domestic violence. The civil harassment laws say "harassment" is:

  • Unlawful violence, like assault or battery or stalking, OR
  • A credible (real) threat of violence, AND
  • The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.

You can find more information about Civil Harassment Restraining Orders here.

WORKPLACE VIOLENCE

A workplace violence restraining order must be requested by an employer on behalf of an employee who needs protection. The court order can last up to 3 years. The order can also protect certain family or household members of the employee and other employees at the employee's workplace or at other workplaces of the employer. These orders will be enforced by law enforcement agencies.

You can find more information about Workplace Violence Restraining Orders here.

GENERAL FILING INSTRUCTIONS

In order to obtain a restraining order, you (Plaintiff) must give the other party a 24-hour verbal notice (by telephone or in person) of your intentions (including date, time and place). You may then file for a restraining order the following day. To find a court close to you, click here.

Please follow these steps to make obtaining your restraining order easier:

  1. To ask for a restraining order, click here

SERVICE OF A RESTRAINING ORDER

  1. Service of a Restraining Order may be done by anyone other than yourself who is 18 years old, or older. You may also hire a process server or contact the LA County Sheriffs Department.
  2. After the Defendant is served with a copy of the Restraining Order, a copy of the PROOF OF SERVICE form will then need to be filed with the Montebello Police Department along with a certified copy of the original Restraining Order. Montebello Police Department will only accept certified copies of "Order After Hearing" orders.

SAFETY TIPS

  1. Keep emergency and hotline numbers accessible.
  2. Contact local shelters and discuss safe ways to leave and places for you and your children to go.
  3. Keep an extra set of house and car keys hidden in a safe, quickly accessible place.
  4. Hide or destroy anything that might give a clue as to where you are going.
  5. Do not leave any notes.