Two common forms of legal protection granted to victims of domestic violence are protective orders and restraining orders. But what is the difference between them? In this blog post, we will explain the difference between a protective order and a restraining order in California.
What Is a Protective Order in California?
In California, there are two types of protective orders: Emergency Protective Order (EPOs) and Criminal Protective Orders (CPOs).
Emergency Protective Orders are requested by the police to protect the victim of a crime, usually when the victim calls the police or 911 for help.
A Criminal Protective Order (CPO) is issued by a judge to protect victims and witnesses when a person accused of committing a crime is arrested and charged.
What Is a Restraining Order in California?
A restraining order is a court order that requires the person being restrained to avoid any contact with the victim or stay away from a particular location.
A restraining order can be filed by the victim of the abuse and is granted in cases where there is a threat of violence, but abuse has not yet occurred. They are also used in cases of harassment, stalking, or similar behavior.
Violating a restraining order can lead to severe legal consequences like fines, jail time or probation. Restraining orders can last for up to five years or more, depending on the court’s decision.
Difference Between Protective and Restraining Orders in California
The most important difference between Protective Orders and Restraining Orders in California is that a victim can file to obtain a Restraining Order, while Protective Orders are issued by law enforcement.
Another aspect to keep in mind is that a Restraining Order more protections are available to victims compared to Protective Orders.
A person who has suffered domestic violence abuse can have both a CPO/EPO and a Restraining Order.
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 Experiencing 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
