If you’re facing or considering legal protections related to domestic violence, stalking, harassment, or other threats in California, you’ve likely heard terms like restraining order and protective order — and maybe wondered whether they mean the same thing. The short answer: They are related but legally distinct. Understanding the difference is important for your rights, safety, and legal strategy, especially in Los Angeles where both orders are commonly used.
In California, “restraining order” is a general term that covers several types of court orders designed to prohibit certain behaviors or contact. A criminal protective order, by contrast, usually refers to the specific kind issued in criminal cases. Knowing which one applies can impact your legal rights and how your case proceeds.
What Are Restraining Orders? A Broad Overview
A restraining order is a court directive that restrains someone from engaging in certain acts or contacting specific people. California law recognizes several kinds of restraining orders under the Civil Code and the Family Code. They are typically sought in civil court and are focused on preventing ongoing or future harm.
Common types include:
Civil Harassment Restraining Orders
Designed for situations where the person causing harm is not a spouse, intimate partner, or household member. This may include neighbors, coworkers, roommates, or strangers who engage in threatening or harassing behavior.Elder or Dependent Adult Abuse Restraining Orders
Available when an older adult (65+) or dependent adult is being abused, neglected, or financially exploited by another person.Workplace Violence Restraining Orders
Employers can obtain these on behalf of employees who face credible threats at work.
In all of these civil contexts, the burden of proof is usually a preponderance of the evidence — meaning it’s more likely than not that the restrained person’s conduct merits protection.
Example: A Los Angeles resident being repeatedly harassed by a neighbor who follows them home and sends threatening messages can file a civil harassment restraining order to legally stop that conduct.
What Is a Criminal Protective Order in California?
A Criminal Protective Order (CPO) in California refers specifically to an order issued by the judge as part of a criminal case. When someone is arrested and charged with certain offenses — especially crimes involving violence, threats, stalking, or domestic abuse — the judge issues a protective order as part of the criminal proceedings.
A Criminal Protective Order typically:
- Bars the defendant from contacting the alleged victim(s)
- Requires the defendant to stay a specific distance away
- May include additional terms (no weapons, no going near the victim’s home/work)
Criminal Protective Orders are rooted in public safety and criminal justice, and violating one is a criminal offense that can lead to arrest and an additional charge —-- violation of a court order under Penaal Code Section 273.6, a misdemeanor, punishable by up to one year in county jail
Example: If someone in Los Angeles is charged with domestic battery, the judge will almost always issue a Criminal Protective order at arraignment or bail hearing preventing them from contacting the alleged victim until the case is resolved — whether by trial or plea.
Key Differences: Civil vs. Criminal
Feature | Restraining Order | Protective Order |
Legal Context | Civil court (Family/Civil divisions) | Criminal court |
Common Use | Prevents harassment, elder abuse, workplace violence | Specifically protects victims of stalking, violence and domestic abuse |
Who Initiates | Private individual (petitioning party) | District Attorney or City Attorney |
Burden of Proof | Preponderance of evidence (more likely than not) | Beyond reasonable doubt for criminal charges |
Penalty for Violation | Civil contempt (mostly fines) or Criminal charges | Criminal penalties (possible arrest, new charges) |
Duration | Can be issued from 1 to 5 years | Tied to the duration of the criminal case |
Civil Restraining Orders: What You Should Know
Process
- You file a petition in civil court (or family court for domestic relations contexts).
- A hearing may be set, where both sides present evidence.
- A judge decides whether to issue the order.
Effect
- The court may order the restrained person to stay away, stop contacting you, or refrain from specific conduct.
- These orders can generally last from one to five years, depending on circumstances and renewal requests.
Violations
If the restrained person violates the order — e.g., contacts you in violation of the terms — you can return to court and ask the judge to enforce it. In some cases, the restrained person can be held in civil contempt, which can result in fines..
Criminal Protective Orders: What You Should Know
Process
- Issued by the criminal court once a defendant is charged with an eligible offense involving harm, threats, or violence.
- The judge usually issues this order at arraignment, bail hearing, or pre‑trial stage.
Effect
- The defendant must comply or risk additional criminal charges.
- Often includes strict “no contact” provisions — phone calls, text messages, social media, indirect contact, etc.
- Can also include terms like surrendering firearms or staying away from certain locations.
Violations
Violation of a criminal protective order is a crime in California (Penal Code § 273.6) and can lead to immediate arrest and potential jail time or fines, even if the original charges are still pending.
How a Criminal Defense Attorney Helps in Los Angeles
Whether you are seeking protection or defending against a request for a protective or restraining order, legal representation is crucial:
- For Victims: A lawyer can help tailor the petition, gather evidence, and present testimony that supports the need for protection.
- For Respondents: An attorney will ensure your rights are protected, challenge unjust or overly broad orders, and represent you in hearings where your liberty and reputation are at stake.
Protective and restraining orders carry real consequences that can impact employment, custody, immigration status, and freedom — which is why accurate legal counsel matters.
Our Experienced Attorneys Can Help
Although “restraining order” and “protective order” are often used interchangeably in casual conversation, they serve different roles in California’s legal system. A restraining order typically arises in civil court, while a protective order stems from criminal proceedings. The rights involved, evidence required, and consequences for violations can vary significantly.
If you’re in Los Angeles and facing or considering either type of order — whether as a Petitioner or Respondent — don’t navigate it alone. Stephen G. Rodriguez & Partners provides experienced legal guidance to help you understand your rights, represent your interests, and pursue the best possible outcome.Call us today for a free consultation at (213) 481-6811 and get the help you deserve.