What is the difference between a civil and a criminal restraining order?

In California, a civil restraining order and a criminal restraining order are both designed to protect a person from domestic abuse. However, they are two different types of orders that offer different protections and have different processes. A civil restraining order is a type of court order issued by a judge that requires one person to stay away from another person. It can be requested by someone who feels threatened, harassed, or stalked by another person. A civil restraining order often also includes provisions about communication, parenting time, and property division. This type of order is usually granted as a civil action and is enforceable by the police. A criminal restraining order is issued by a judge when a criminal charge has been filed against an individual for domestic abuse. This type of restraining order is used to keep an accused abuser from having contact with the alleged victim. Violating this restraining order can result in criminal charges and potential imprisonment for the alleged abuser. In short, a civil restraining order is granted in a civil case to protect a person from domestic abuse, while a criminal restraining order is granted in a criminal case when someone has been charged with domestic abuse. Both types of restraining order provide protection for the alleged victim and are enforceable by the police.

Related FAQs

How long does a restraining order typically last?
What types of orders can a court issue in a domestic abuse case?
Is it possible to dismiss a restraining order?
Are there any laws that protect victims of domestic abuse in other countries?
Is it possible to drop a restraining order once it’s been issued?
What are the rights of victims of domestic abuse in restraining order proceedings?
Are there any classes or programs for abusers that focus on non-violent conflict resolution?
Are there any services that provide mental health counseling to victims of domestic abuse?
Are there any nonprofit organizations that provide support to victims of domestic abuse?
What are the legal rights of grandparents in cases of domestic abuse?

What is the difference between a civil and a criminal restraining order?

Related FAQs

Related Blog Posts