What is the Difference Between Protective Orders and Restraining Orders in California?

Many people in California think restraining orders are the same as protective orders, but although they have many similarities, key differences exist in how the orders are obtained, what they prohibit, and how long they remain in effect. So, even though the terms are often used interchangeably, it is important to understand the distinction if you are subject to one of these orders or you want to obtain one to protect yourself.

Here we look at how and why these orders are issued, how long they last, and how they work. If a protective or restraining order has been issued against you, it is vitally important to understand what you need to do to remain in compliance, or you could face severe penalties.

What Do Protective Orders and Restraining Orders Have in Common?

Both restraining orders and protective orders are court orders that limit one person’s actions to protect another person who may be at risk of harm. They are frequently issued in domestic violence cases, but they can also be issued during other criminal proceedings, or because of conflicts in the workplace or allegations of abuse by a caregiver or harassment that arises in other contexts.

Protective orders and restraining orders usually restrict contact between the protected person and the person who may pose a risk of harm. Contact may be limited or prohibited entirely. The person subject to the order may be required to avoid specific places, including their home or workplace.  

What is a Restraining Order in California?

In California, a restraining order is an order you can request from a civil court if you feel you are at risk of harm because of something someone has said or done. Courts can issue many types of restraining orders, including:

• Domestic violence restraining order if you need protection from a dating partner, spouse, or close family member
• Civil harassment restraining order if you need protection from someone else, such as a neighbor or more distant relative
• Elder abuse restraining order if an adult over age 65 (or otherwise dependent) needs protection from a caregiver or family member who is abusing them
• Workplace restraining order if you are an employer who needs to protect one of your employees
• School violence restraining order if a college needs to protect one of their students
• Retail crime restraining order if a business needs protection from someone who has been arrested for theft or certain other crimes at that store

In addition, police can request a gun violence restraining order to prevent someone from buying or owning a firearm if they believe that person poses a risk

Restraining orders often prohibit the targeted person from communicating with the protected person. They may also restrict the targeted person from entering shared spaces such as the home. If someone intentionally violates a restraining order issued against them, they can be found guilty of a misdemeanor and sentenced to up to a year in jail and a fine of up to $1,000. The penalties increase if the violation results in injuries.

What is a Protective Order in California?

Criminal courts issue protective orders in connection with a pending criminal case. These orders protect the alleged victim from harassment or threats while the case is ongoing. Police may initiate them, or a judge may order them as a standard precaution. An Emergency Protective Order can be issued quickly, but it usually only lasts a week or less. A longer-term order may be issued to last while a criminal case is pending in court.

Like a restraining order, a protective order may prohibit all contact between parties or limit contact, and it may prohibit the targeted individual from being in particular locations.

What are the Key Differences Between Protective Orders and Restraining Orders?

Some of the most important distinctions between these types of orders can be summarized in a chart

Factors	Protection Order	Restraining Order
Type of case or problem	Criminal	Civil or criminal
Who requests the order?	Police or judge	Person seeking protection
What court issues it?	Criminal court	Civil court
What is the purpose?	Protect the alleged victim during a criminal case	Protect someone who fears abuse or harassment

 

Remember that violating either type of order can be treated as a separate criminal offense.

FAQs About Restraining and Protective Orders in California

Does a restraining order mean I have been charged with a crime?

No, someone can obtain a restraining order against you regardless of whether you have been charged with or even accused of a crime. However, depending on the situation, it could indicate that charges are likely to be filed. Moreover, if you fail to comply with the terms of the order, then you can be found guilty of an offense. So it is a good idea to consult a defense attorney and understand how to protect yourself.

Can someone be under both a restraining order and protective order at the same time?

Yes. Because the orders come from different sources, you can be subject to both a civil restraining order and a criminal protective order at the same time. In that situation, you need to comply with the terms of both orders or risk serious penalties.

How long do restraining orders last?

Temporary restraining orders generally last about three weeks, until a hearing can be held to determine whether a long-term order is needed. During the hearing, the judge will consider the evidence and decide whether to issue a long-term order and whether it should last the full five years allowed by law or expire after a shorter period.

Can a restraining order be renewed?

Yes, if the court is satisfied there is still a reasonable risk of harm, it can renew the restraining order even if there has been no new abuse.

How long do protective orders last?

Emergency protective orders last 5-7 days, while orders issued after full consideration by the judge can vary. These may be issued only for the duration of the criminal case, but a court can issue a post-conviction protection order that can last 10-15 years depending on the offense.

Can a restraining order be modified in California?

A court can modify the terms of a restraining order if the party seeking the modification demonstrates a sufficient reason for the change. However, the parties cannot change the terms of the order outside of court, even if they both agree. Any informal modifications not approved by the court will be invalid.

Get Advice and Assistance with Restraining and Protective Orders in California

When used properly, restraining and protective orders can help defuse conflict and protect the safety and legal rights of both parties in a tense situation. But these orders are often abused and misunderstood, which can cause serious problems.

If someone is seeking an order against you, you need to know how to protect your rights and interests to avoid unnecessary disruption to your life and the risk of criminal sanctions. Whether you need to request an order or someone is seeking an order against you, having the right attorney by your side can make a tremendous difference in the outcome.

At Berkowitz Law, we have extensive experience protecting all parties in domestic violence and other high-conflict situations, so we can anticipate and use the arguments both sides will present. To learn more about how we can help with a restraining or protective order, schedule a confidential consultation with us today.