Understanding the Difference Between Restraining Orders and Protective Orders in California

In California, people often use “Restraining Orders” and “Protective Orders” interchangeably, but understanding their specific applications and legal implications is crucial. Both orders, which are judicial decrees, aim to protect individuals from unwanted behaviors like stalking, harassment, threats, or physical abuse. The court directs these orders at specific individuals, named in the orders, to stop them from engaging in harmful conduct.

If you have been harmed through domestic violence, you might be considering how the court can help protect you from further harm. Whether you call it a restraining order, protective order, or domestic violence restraining order, such an order is designed to help keep an abuser away from you and your family.

What Types of Protective and/or Restraining Orders are in California?

In California, courts issue both protective and restraining orders with specific expiration dates, and it’s crucial for all involved parties to understand these timelines.

·      Protective Orders: Typically issued in criminal cases, these orders often last as long as the criminal case is active. However, the duration can vary based on the case specifics and judicial discretion. Some protective orders may extend beyond the conclusion of the criminal case, especially in situations involving domestic violence or ongoing threats.

·      Restraining Orders: Restraining orders in civil cases vary in duration, depending on the order type and case circumstances. Temporary restraining orders (TROs) typically last a few weeks, often until a court hearing for a more permanent order. Meanwhile, permanent restraining orders can extend for several years.

What is the Effect of a Restraining or Protective Order in California:

• It stops the person from contacting you

• It keeps the person away from your home

• It keeps the person away from your child’s school

• If forces the person to move out of your shared residence

• It requires the person to surrender any owned firearms to the authorities

• It requires the person to complete a batterer’s intervention program

If someone is restrained by a protective order and violates its terms, it can be seen as a criminal violation. The person may be arrested, charged, prosecuted, and convicted of violating a court order and possibly putting the other party in danger.

Do You Need Help with a Protective or Restraining Order?

If you need a protective or restraining order to separate you from an abuser, the Law Office of Kyle Gurwell can help you. We help clients in Orange County, California, understand their rights and options in a variety of family law cases,  including those involving domestic violence. Call (562) 600-9989  if you have any questions and want to schedule an initial consultation.