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