Restraining orders are a valuable tool to protect people from threats of violence and harassment. Yet, they’re often shrouded in complex legal jargon, which can make it difficult to understand the various types of restraining orders and the language that goes along with them. In this blog post, we’ll explore the key terminology used in restraining order cases.
What Is a Restraining Order?
At the outset, it’s important to differentiate these two terms. While they are both related to legal orders that protect individuals from threat of harm, there are differences between them.
A restraining order is issued by a court in a civil lawsuit. It can be issued even when there is no criminal case pending and is typically used in situations involving domestic violence or stalking.
There are four different types of restraining orders in California:
- Domestic Violence Restraining Order
- Elder or Dependent Adult Abuse Restraining Order
- Civil Harassment Restraining Order
- Workplace Violence Restraining Order
What Is a Protective Order?
A protective order, on the other hand, is issued in the context of a criminal case. It’s designed to protect a victim from the defendant (the alleged perpetrator) and may include restrictions on contact, firearms possession, or other actions that could hurt or intimidate the victim.
There are two types of protective orders in California:
- Emergency Protective Order (EPO). This type of protective order is used to protect the victim of a crime, especially when they contact the police or 911 for help.
- Criminal Protective Order (CPO). When the person accused of committing a crime is arrested and charged a judge can issue this type of protective order to safeguard the integrity of victims and witnesses.
Restraining Order vs Protective Order
While restraining orders and protective orders share some similarities, there are some essential differences between them.
For example, although a restraining order can include provisions similar to those in an EPO or CPO, it can also include additional protections, such as restricting the defendant’s access to the victim’s property, children, or pets.
It is worth noting that in California, a victim of abuse can have both a restraining order and a protection order. Should orders seem to be in conflict, you need to read the last page of the protective order or restraining order documents for instructions on which court orders to follow.
Disclaimer: This blog post provides general information about domestic abuse. It does not provide legal advice. Victims should consult with a legal professional for advice related to their specific situation.
Are You a Victim of Domestic Violence or Abuse? DVAP Is Here To Help
Domestic Violence and Abuse Protection, Inc. is a non-profit organization committed to protecting the victims of domestic abuse.
When restraining orders are not enough, we are there to provide the determined protection you deserve. We are located at 3900 Orange St. Riverside, CA. Call us at (951)-275 8301 (24 hours). Alternatively, you can email us at admin@dvapriverside.org
