Obtaining a restraining order can seem intimidating, but there are resources available to assist you. If you qualify for our services we can help you through the restraining order process. If you do not qualify for our services we can recommend other programs that may be able to offer you assistance. As a first step, it is important to understand what is involved.
In the United States there are two types of courts that handle cases involving domestic violence: Civil Court and Criminal Court.
Civil Court
Civil court handles actions brought by individuals or businesses and provides some type of relief to the party bringing the action. The aim is not to punish the other party. Domestic violence restraining orders and Civil Harassment Orders must be filed in civil court.
A violation of civil law is NOT punishable by imprisonment. It is a civil action, in civil court, when one person (the victim) requests a civil restraining order be issued against another person (the perpetrator). However, a violation of a civil court order, such as a restraining order, is contempt of court. Contempt of court is a criminal act and can be punishable by fines or imprisonment.
Criminal Court
A criminal court only handles actions brought by the state against an individual because the state believes that person has violated one or more of its criminal laws. It is important to note that criminal cases are NOT actions taken by the victim against the perpetrator.
It is a violation of the California Penal Code to commit domestic violence.If the District Attorney (DA) believes there is enough evidence to prove this crime was committed, he or she will file a case against the perpetrator.
If you are planning to file for a restraining order, it is important to know which type of restraining order you should file. It is important because certain orders, such as Custody Orders, can be made only with Domestic Violence Orders (not with Civil Harassment Orders).
Orders issued in criminal court are primarily issued to punish an individual for violating the state’s laws. These include Criminal Protective Orders and Emergency Protective Orders.
There are two types of restraining orders that may be requested in Civil Court: Domestic Violence Restraining Orders and Civil Harassment Orders.
DOMESTIC VIOLENCE RESTRAINING ORDER (DVRO)
For a Domestic Violence Restraining Order, you must have one of the following relationships to the person you want restrained:
- Spouse or former spouse
- Person with whom you share or shared a living space
- Have or had a dating/engagement relationship
- Parents of a child
- Relative to the second degree (grandparents, but not cousins)
Read More about DV Restraining Orders
CIVIL HARASSMENT ORDERS (CHO)
No specific relationship to the restrained party is required. This is the primary difference between a CHO and a DVRO.
Read More about Civil Harassment Orders
CRIMINAL PROTECTIVE ORDERS (CPO)
A criminal protective order is different from a civil domestic violence restraining order because it is issued by a criminal court. Some important differences between the two:
- Unlike DVROs, CPOs do not include custody and visitation orders
- DVROs can be renewed, while once CPOs expire they cannot be renewed.