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Restraining Order vs. Protective Order in California: What Is the Difference?
By Matthew Barhoma, Esq. — California State Bar No. 319339 | Last updated: November 2026
In California, a restraining order and a protective order do the same job, ordering one person to stay away from and not contact another, but the terms usually point to different courts. A “restraining order” generally means a civil order that a person requests from a family or civil court: a domestic violence, civil harassment, elder abuse, workplace violence, or gun violence restraining order. A “protective order” most often means a criminal protective order, which a criminal court issues in a pending criminal case at the prosecutor’s request under Penal Code section 136.2, or an emergency protective order, which a police officer obtains from an on-call judge under Family Code section 6250. The legal difference that matters is who controls the order. The protected person asks for a civil restraining order and can ask the court to end it. The protected person does not ask for a criminal protective order and cannot drop it; only the judge can. California statutes use both terms, and the Family Code calls its own restraining orders “protective orders,” so the label on the paper matters less than the court that issued it. The Restraining Order Law Firm handles both for respondents and protected persons throughout Southern California. Call (888) 808-2179 for a confidential consultation.
Restraining order vs. protective order at a glance
| Civil restraining order | Criminal protective order (CPO) | Emergency protective order (EPO) | |
| Common names | Restraining order, DVRO, CHRO, “RO” | Protective order, CPO, stay-away order, no-contact order | EPO, emergency order |
| Statute | Family Code § 6200 et seq.; Code Civ. Proc. §§ 527.6, 527.8; Welf. & Inst. Code § 15657.03; Penal Code § 18100 et seq. | Penal Code § 136.2; also §§ 1203.097, 273.5(j), 646.9(k) | Family Code §§ 6250–6257; Penal Code § 646.91 |
| Who asks for it | The person who wants protection (or an employer, for a workplace order) | The prosecutor, or the judge on the court’s own motion | A law enforcement officer |
| Which court | Family or civil department of the superior court | Criminal department, inside a criminal case | On-call judicial officer, by phone, at any hour |
| Is a criminal charge required? | No | Yes | No |
| Standard | Preponderance (domestic violence, elder abuse) or clear and convincing evidence (civil harassment, workplace, gun violence) | Good cause belief that harm to, or intimidation of, a victim or witness has occurred or is reasonably likely (Penal Code § 136.2(a)) | Reasonable grounds to believe there is an immediate and present danger |
| Hearing before it issues | Temporary order on the papers; full hearing within 21 to 25 days | Usually issued at arraignment | None |
| How long it lasts | Up to 5 years; domestic violence orders renewable permanently | While the case is pending; after conviction up to 10 years (15 after a Penal Code § 273.5 conviction) | Until the close of the fifth court day or the seventh calendar day, whichever is earlier |
| Form | DV-130, CH-130, EA-130, WV-130, GV-130 | CR-160 or CR-161 | EPO-001 |
| Can the protected person end it? | May ask the court to terminate or modify | No. Only the court can | No. It expires on its own |
| Can it include custody or support? | Domestic violence orders can | No | Temporary custody only |
| Firearms | Prohibited | Prohibited | Prohibited |
| Violation | Penal Code § 273.6 | Penal Code § 166(c)(1) | Penal Code § 273.6; § 166 for a stalking EPO |
Do the two terms mean different things under California law?
Not strictly. California statutes use “restraining order” and “protective order” for overlapping things, and no statute draws a clean line between them.
- The Family Code defines “protective order” to mean a restraining order under the Domestic Violence Prevention Act that enjoins abuse, excludes a person from a home, or enjoins other specified behavior, whether issued ex parte, after a hearing, or in a judgment (Fam. Code § 6218). Under that definition, every domestic violence restraining order is a protective order.
- The Judicial Council form a family court issues after a hearing is titled “Restraining Order After Hearing (Order of Protection).”
- Penal Code § 136.2, the criminal statute, refers to “a restraining order or protective order” issued by the criminal court.
- Penal Code § 273.6, which makes violations a crime, is titled around the violation of a “protective order” and applies to civil restraining orders.
- Federal law uses “protection order” for all of them, and requires every state to enforce another state’s order (18 U.S.C. § 2265).
- The California courts’ own guide treats them separately, describing emergency and criminal protective orders in its guide to protective orders and the civil orders under restraining orders.
In everyday use in California courtrooms, though, the terms have settled into a working distinction. Lawyers, judges, and police say “restraining order” for the civil order a person files for, and “protective order” or “CPO” for the order a criminal judge issues at arraignment. That working distinction is the one this page uses, because it tracks the difference that changes what a person can do: which court to go to, who can change the order, and what happens when the case ends.
Civil restraining orders: orders a person asks for
A civil restraining order starts when a person files a request. No arrest, charge, or police report is required. California has five main types, sorted by the relationship between the parties and the conduct involved.
- Domestic violence restraining order (Family Code § 6200 et seq.) for spouses, partners, cohabitants, co-parents, and close relatives.
- Civil harassment restraining order (Code Civ. Proc. § 527.6) for neighbors, coworkers, roommates, acquaintances, and strangers.
- Elder or dependent adult abuse restraining order (Welf. & Inst. Code § 15657.03).
- Workplace violence restraining order (Code Civ. Proc. § 527.8), requested by an employer.
- Gun violence restraining order (Penal Code § 18100 et seq.), which removes firearms and does not restrict contact.
Every civil order follows the same path: a request with a sworn declaration, a temporary restraining order decided on the papers within about a day, personal service on the respondent, and a contested hearing within 21 days (25 with good cause) where the judge decides whether to issue an order lasting up to five years. The petitioner carries the burden of proof. The respondent has the right to respond in writing, to one continuance, to present evidence, and to cross-examine. See the California restraining order process and our comparison of the types of restraining orders.
Because the petitioner started the case, the petitioner can ask to end it: by not appearing at the hearing, by requesting dismissal, or by asking the court to terminate an order already granted. The court usually agrees.
Criminal protective orders: orders the State obtains
A criminal protective order exists only inside a criminal case. The protected person does not file anything. The prosecutor asks for the order, typically at the arraignment, and the judge issues it on a “good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur” (Penal Code § 136.2(a)(1)). In a domestic violence case the court must consider issuing one on its own motion (§ 136.2(e)(1)).
Four features set it apart from a civil order.
- No hearing on the merits first. The order is typically made at the first court appearance, before any finding of guilt, on the charging documents and the prosecutor’s representations.
- The protected person cannot drop it. The protected person can tell the prosecutor and the judge what they want, and that carries weight, but the decision belongs to the court. Contact at the protected person’s invitation is still a violation by the defendant.
- It lasts as long as the case, then changes form. A pretrial order ends when the case ends. After a conviction for domestic violence and other listed offenses, the sentencing court may issue a new order lasting up to 10 years (Penal Code § 136.2(i)(1)), or up to 15 years after a conviction under Penal Code § 273.5. A defendant placed on probation for a domestic violence offense must be subject to a protective order as a condition of probation (Penal Code § 1203.097(a)(2)).
- It comes in two strengths. A full no-contact order bars all contact. A “peaceful contact” order allows contact, including living together, but prohibits harassment, threats, and violence.
A criminal protective order contains no custody, visitation, or support terms, and it gives the protected person no control over its length.
Emergency protective orders: orders police obtain
An emergency protective order is the short bridge between a police call and a courtroom. An officer who has reasonable grounds to believe a person is in immediate and present danger of domestic violence, child abuse, child abduction, elder abuse, or stalking calls an on-call judge, who can issue the order by phone at any hour (Fam. Code § 6250; Penal Code § 646.91). It takes effect at once and expires at the close of the fifth court day or the seventh calendar day after it issues, whichever comes first (Fam. Code § 6256).
An EPO is neither a finding that anything happened nor a substitute for a restraining order. It gives the protected person time to file a civil request. If no civil request is filed and no criminal case follows, the restrictions end when the EPO expires.
Who controls the order, and why it matters
The most useful way to tell the orders apart is to ask who can change them.
| Question | Civil restraining order | Criminal protective order |
| Who started it? | The protected person | The prosecutor or the court |
| Who can ask to end or change it? | Either party, by request to the court that issued it | The prosecutor, the defendant, or the protected person may ask; the judge decides |
| Does the protected person’s wish to reconcile end it? | No, but the court will usually terminate on the protected person’s request | No. The court may keep it in place over the protected person’s objection |
| What happens if the protected person contacts the restrained person? | The order still binds the restrained person | The order still binds the defendant |
| When does it end? | On its expiration date, unless renewed or terminated | When the criminal case ends, or on the date in a post-conviction order |
Two points follow for restrained persons. First, under either order, responding to a call or text from the protected person is a violation; only the court can relax the order. Second, the forum for relief is different. A civil order is changed by a request in the family or civil case (Form DV-300 or CH-600). A criminal protective order is changed by a motion in the criminal case, with notice to the prosecutor, and there is no statewide form for it.
When both orders exist at the same time
It is common for one incident to produce three orders in sequence: an emergency protective order the night of the arrest, a criminal protective order at arraignment a few days later, and a civil restraining order requested by the protected person in family court. They are independent. Ending one does not end the others.
Which order controls if the terms conflict. California law sets the priority.
- An emergency protective order takes precedence over any other order, but only where it protects the same person against the same restrained person and only as to the terms that are more restrictive (Penal Code § 136.2(c)(1)).
- Otherwise, once a domestic violence charge is filed, a protective order issued by the criminal court “has precedence in enforcement over a civil court order against the defendant” (Penal Code § 136.2(e)(2)). If a family court order allows peaceful contact and the criminal order prohibits all contact, the criminal order governs.
- A family court custody or visitation order may coexist with a criminal protective order if it provides for the safe exchange of the children and does not allow contact that the criminal order forbids (Penal Code § 136.2(f)).
What ends when. If the criminal case is dismissed or ends in acquittal, the criminal protective order ends with it. The civil restraining order does not. If the civil request is denied after a hearing, the criminal protective order stays in place until the criminal judge changes it. A restrained person who wins the civil hearing and then contacts the protected person while a no-contact criminal order is still in effect has committed a new crime.
Why the two cases must be handled together. The civil hearing and the criminal case turn on the same facts. A respondent’s sworn testimony or written declaration in the civil case can be used by the prosecutor, and testifying waives the Fifth Amendment privilege as to that testimony. A civil denial after trial can help the defense in the criminal case; a criminal conviction can establish the domestic violence finding that triggers the custody presumption in Family Code § 3044. The order of events, and what is said under oath in each, has to be planned as one strategy. See defending against a restraining order.
Which one should a person seeking protection rely on?
A criminal protective order protects a person without a filing, a fee, or a hearing, and the prosecutor enforces it. Its limits are that the protected person does not control it, it has no custody or support terms, and before conviction it lasts only as long as the criminal case. If the charges are reduced, dismissed, or never filed, it is gone.
A civil restraining order is the one the protected person controls. A domestic violence restraining order can last five years and be renewed permanently, can include custody, visitation, support, and a move-out order, and continues whatever happens in the criminal case. A person who has a criminal protective order and wants protection that will outlast the prosecution should consider filing a civil request while the criminal case is still pending. See how to get a restraining order in California.
Violations and enforcement
Violating any of these orders is a crime, and each is entered in the California Restraining and Protective Order System, which every law enforcement agency in the state can check through CLETS.
- An intentional and knowing violation of a civil restraining order or a Family Code emergency protective order is a misdemeanor under Penal Code § 273.6, punishable by up to one year in county jail and a fine of up to $1,000, with higher penalties where the violation causes injury or follows a prior conviction.
- A willful and knowing violation of a criminal protective order is charged as contempt under Penal Code § 166(c)(1), with the same base penalty, and is also a violation of bail or probation.
- Possessing or buying a firearm while any of these orders is in effect is a separate offense under Penal Code § 29825.
- Out-of-state orders are enforceable in California, and California orders are enforceable in every other state, under federal law (18 U.S.C. § 2265).
See violating a California restraining order and our statute page on Penal Code § 273.6.
Other states use the terms differently
Readers comparing California to another state should know the vocabulary is not uniform. Many states call their domestic violence orders “protective orders” or “orders of protection” and reserve “restraining order” for general civil injunctions. California does not follow that split. Here, the civil orders for domestic violence, harassment, elder abuse, workplace violence, and gun violence are all called restraining orders, and “protective order” usually signals the criminal or emergency version. This page covers California law only.
How the Restraining Order Law Firm handles both
The Restraining Order Law Firm is a d/b/a of Barhoma Law, P.C., whose attorneys handle civil restraining order cases and the criminal cases that run alongside them. For restrained persons, that means one plan covering the arraignment, the terms of the criminal protective order, the written response in the civil case, and the civil hearing. For protected persons, it means turning the temporary protection of a criminal case into a civil order they control.
The firm’s civil results include domestic violence and civil harassment requests denied after trial at the Lamoreaux Justice Center, Stanley Mosk, Long Beach, Palm Springs, and Corona courthouses; dismissals negotiated at Stanley Mosk, Santa Monica, and the Central Justice Center; an existing order set aside by motion at the Metropolitan Courthouse; and, for petitioners, domestic violence orders granted after trial in Los Angeles, Orange, and San Bernardino Counties and an elder abuse order granted after trial in Los Angeles County. Prior results do not guarantee a similar outcome.
The firm appears in every criminal, family, and civil courthouse in Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura Counties, from offices at 835 Wilshire Blvd., Floor 5, Los Angeles 90017 and 695 Town Center Dr., #1200, Costa Mesa 92626.
Frequently asked questions
Is a protective order the same as a restraining order in California?
They do the same thing, and California statutes use both terms, but in practice they usually refer to different orders. A restraining order is a civil order a person requests from a family or civil court. A protective order usually means a criminal protective order issued by a criminal court in a pending case under Penal Code section 136.2, or an emergency protective order obtained by police. The protected person controls a civil restraining order; only the judge controls a criminal protective order.
Which is stronger, a restraining order or a criminal protective order?
Both are enforced the same way, and violating either is a crime. If their terms conflict in a domestic violence case, the criminal protective order takes precedence in enforcement over the civil order under Penal Code section 136.2(e)(2). A civil domestic violence restraining order usually lasts longer and can include custody, support, and move-out orders that a criminal protective order cannot.
Can the protected person drop a protective order?
The protected person can ask a court to end a civil restraining order they requested, and courts usually agree. The protected person cannot drop a criminal protective order. They can tell the prosecutor and the judge that they want it modified or lifted, but the judge decides, and may keep it in place. Until the court changes the order, contact by the restrained person is a violation even if the protected person invites it.
How long does a protective order last in California?
An emergency protective order lasts until the close of the fifth court day or the seventh calendar day, whichever is earlier. A pretrial criminal protective order lasts until the criminal case ends; after a conviction the court may issue one for up to 10 years, or up to 15 years after a Penal Code section 273.5 conviction. A civil restraining order lasts up to five years after a hearing and can be renewed.
Can I have a restraining order and a criminal protective order at the same time?
Yes. The orders are independent and often coexist: a criminal court issues a protective order in the criminal case, and the protected person obtains a restraining order in family or civil court. Dismissal of the criminal case ends the criminal order but not the civil one, and a denial in civil court does not end the criminal order.
Do I need a police report or an arrest to get a restraining order?
No. A civil restraining order requires only a request and a sworn declaration filed with the superior court; no arrest, charge, or police report is needed. A criminal protective order is different: it exists only when criminal charges have been filed, and it is requested by the prosecutor rather than the protected person.
If the criminal case is dismissed, does the restraining order go away?
A criminal protective order ends when the criminal case is dismissed. A civil restraining order does not; it stays in effect until its expiration date unless the court that issued it terminates it. A restrained person who assumes both orders ended with the criminal case, and makes contact, can be arrested for violating the civil order.
Consult With a Restraining Order Lawyer Today
If you are restrained by a criminal protective order, a civil restraining order, or both, the terms, the court, and the way out are different for each, and what you say in one case can be used in the other. If you are a protected person, the order you have may not be the one that lasts. Call (888) 808-2179 or request a confidential consultation with the Restraining Order Law Firm. We will review every order in effect, tell you which one controls, and plan both cases together. If the situation is urgent, our 24/7 emergency help line is available now.
The Restraining Order Law Firm is a d/b/a of Barhoma Law, P.C. This page is attorney advertising and general information about California law, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Statutes, forms, and deadlines change — verify all references with counsel before relying on them. If you are in immediate danger, call 911.