CHART: Different types of domestic violence restraining orders

There are four different types of domestic violence restraining orders.[2606] Please see the chart below for general information on all four restraining order types.

Types of Restraining Orders & Stay-Away Orders

Emergency Protective Order

Temporary Restraining Order

Permanent Restraining Order

Criminal Protective Order or “Stay-Away” Order

Parole and Probation

Who can ask for it?

This is an order that only law enforcement can ask for by calling a judge. A judge can issue EPOs 24 hours a day. So, a police officer that answers a domestic violence call can ask a judge for an emergency protective order at any time of the day or night

You or your spouse. To get a temporary restraining order, paperwork must be completed and an explanation is given as to why an order is needed.

The person who asked for the temporary restraining order or the person who responded to the temporary restraining order.

Sometimes, when there is a domestic violence incident (or series of incidents), the district attorney will file criminal charges against the abuser. This starts a criminal court case going.

Sometimes your parole or probation conditions will include a special condition restricting contact with certain people.

How long does it last?

It can only last 7 days. It usually becomes a temporary restraining order.

This usually last between 20 and 25 days, until the court hearing date.

Usually lasts 3 years.

It depends on the outcome of the criminal case. If the accused person is found guilty or pleads guilty, it may last for 3 years.

The length of your parole or probation

What can a judge do with this type of order?

The judge can order the accused to leave the home.

The judge can order the accused to leave the home. If you violate the restraining order, you may go to jail, pay a fine, or both

At the end of those 3 years (or whenever your order runs out), a new restraining order can be requested so that the order continues.

The judge can order the accused to leave the home. If you violate the restraining order, you may go to jail, pay a fine, or both.

Depending on the type of order, should you breach the condition you would go through the parole or probation administrative appeal process.

  1. 2606

    Domestic Violence, California Courts: The Judicial Branch of California, http://www.courts.ca.gov/selfhelp-domesticviolence.htm