Are restraining orders civil or criminal?

Restraining orders can be either criminal or civil court orders. The common attribute they share, however, is that the consequence of violating either type of order is considered a criminal offense.

A criminal protective order (CPO) is, as the title suggests, the criminal variation of restraining order, aimed to protect victims of crime. The defendant in a criminal case is usually served papers containing a list of things they are prohibited from doing, such as calling the victim, using a third party to contact the victim, staying away from a victim, and so forth.

There are two types of civil restraining orders: a standard restraining order, and a domestic violence order.  A standard restraining order deals with situations where a person has been the target of harassment, stalking, or threats. Under these circumstances, the complaining person does not have to have been in a close relationship with the offender. For example, the parties could be neighbors, co-workers, acquaintances, and so on. If the court finds that the request for protection is not based on a violation of the law, the court can assess filing fees for a civil restraining order of $435.00. 

A domestic violence restraining order, according to the Superior Court of California, requires that the victim have had a close personal relationship with the individual he or she is asking to restrain — parents, spouses, in-laws, exes, boyfriend/girlfriend, etc. There is no fee for filing a request for protection, and forms can be obtained on the court’s website online or at these locations.

Once the court issues and serves a protective order in both criminal and civil matters, breaching the court order is a crime. Both forms of restraining order carry penalties of up to one year for each violation.

Asking the court for protection is a serious request and should be crafted carefully. The court requires a high burden of proof to sustain a restraining order. Call the Law Offices of Cassandra Hearn, APC to make sure your request for protection is filed correctly.