If you’re wondering, “How do stay-away orders differ from restraining orders in California?” you may be amidst a criminal case or seeking further information about getting a protective order for your situation. Don’t hesitate to reach out to a qualified family law attorney who can discuss the legal options available to you.
Restraining orders, also called protective orders, are a type of enforceable court order that legally provides a person with protection. If the aggravator violates the terms of the order, there are repercussions. A person may get a restraining order against someone for various reasons, whether the aggravator is threatening to or has previously harmed them, harassing or stalking them.
There are different protective orders a person may pursue, depending on the circumstances they’re facing. For domestic violence within one’s household or between family members, a person may file a domestic violence restraining order; to obtain this restraining order from the courts, the petitioner must provide sufficient reasons for why.
It’s also possible for someone to file for a civil harassment restraining order against someone you have no prior history with. Other forms of restraining orders include workplace violence protective orders and restraining orders in the presence of elder abuse. Restraining orders are known as a Civil Restraining Order (CRO) since it is the victim themself who takes the matter to the courts when requesting the order for their protection.
“Stay-away” orders, or Criminal Protective Orders (CPOs), are provided during an active criminal case; typically, the victim’s lawyer or the prosecutor will petition the court to put a CPO in place for the victim’s protection against the accused party, including contact of any kind. Stay-away orders prohibit the accused party from being within a certain distance of a person or place, such as their house or work.
CROs are commonly handled in family court, while CPOs are only given within the proceedings of a criminal case, thus, stay-away orders often don’t provide the victim with as many protections as a restraining order might. Someone who alleges to be a victim of domestic violence can directly request a restraining order from the court, regardless of if a criminal case has begun or will be pursued. The court will usually grant a temporary CRO before hearing proof.
For this reason, individuals tend to pursue a domestic violence restraining order or other CRO prior to the matter reaching an initial evidentiary hearing or criminal court and the victim receiving a stay-away order. In addition to providing protection relatively quickly, CROs can include terms such as requiring the accused to vacate the shared residence, stay away from any children or extended family members involved, and pay temporary child support or house bills.
Obtaining a restraining order can be somewhat challenging since your word alone isn’t sufficient for the court to grant a protective order; to get a restraining order, you will need to collect as much evidence as you can. The court may provide a temporary restraining order to err on the side of caution before both sides present their case in a scheduled hearing before a judge.
The person seeking the order should compile any written, visual, or recorded proof that may help. Compelling evidence that speaks to or expressly shows the accused aggravator’s threats, harassment, stalking, or physical violence will help convince the court that a permanent restraining order is warranted for the petitioner’s safety.
Examples of proof the victim may provide include records of threatening written messages (e.g., texts, emails) or threatening voicemails/voice recordings, photos of injuries resulting from abuse, proof of previous calls to police about threatening behavior, copies of any police reports that followed previous calls, and witness testimonies.
A: A “stay-away” order, or a Criminal Protective Order, is a type of restraining order typically granted by the criminal courts during an active criminal case that prohibits the defendant from being in proximity to or contacting the victim.
These are separate from Civil Restraining Orders, in which the person goes to family court to ask for a protective order. These orders can provide temporary or permanent protection for alleged victims regardless of whether a criminal case has begun or will proceed.
A: Yes, temporary (and permanent) restraining orders do go on your record. Both types can bring serious implications to a person’s future, with permanent orders often viewed more significantly since the court heard evidence from both parties and agreed a protective order was warranted. If a permanent order isn’t granted, the temporary order will be removed from one’s record. If a person violates a restraining order, they may face charges and be convicted– creating or adding to a criminal record.
A: Temporary restraining orders typically only last until a court hearing takes place; they’re not designed to last longer than a matter of weeks. Upon the granting of a temporary order, an evidentiary hearing is scheduled soon afterward.
During this hearing, the accused party can defend themselves, and the petitioner can present evidence of the abuse, harassment, or stalking from which they wish to receive protection. Either the request is denied, or a permanent restraining order is given.
A: In California, permanent restraining orders may be more accurately described as long-term restraining orders, as they can last up to five years. However, if the court doesn’t specify a length of time for the order, it will likely expire earlier than five years. It is also possible to petition for a renewal of your long-term protective order.
The kind and experienced family law attorneys at the Edgar & Dow can guide you or a loved one through the process of acquiring a protective order, whether it be due to domestic violence, civil harassment, or other concerning circumstances. Reach out to our team today for a consultation.
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