What is the difference between a stay away order and a restraining order?

In California, a “stay-away” order is just what it sounds like: Also known as a Criminal Protective Order (CPO), it’s a court order that obliges one person to keep away from another. A Civil Restraining Order is something that the alleged victim of a domestic violence incident petitions the court directly.

What is a peaceful contact order?

A peaceful contact order allows the defendant or restrained person and the protected person to have contact with each other, as long as that contact is peaceful.

How long does a restraining order take?

It typically takes a week or two to get an injunction, but you can apply for an injunction to be granted on the same day if you are at immediate risk of significant harm. If the court grants an injunction without notice, you will have to go back to court later for a hearing once the abuser has been given notice.

What is a non harassment order?

A Non-Harassment Order is a formal court order granted by your local Sheriff Court to protect you from any behaviour by another person that causes you, or is intended to cause you, harassment. You can apply for such an order over a partner, ex-partner, neighbour or any other person who is harassing you.

What is a non violent order?

A peaceful contact order is a type of order that restrains the person from contacting or physical distance to a person when there is possible domestic violence. Anyone dependent upon care from the person with the order may need to undergo interviews for the situation.

What is a no abuse order?

A no-contact order is requested when a petitioner feels that are in danger. Usually, the petitioner has been a victim of physical, verbal, or emotional abuse. Besides victims of abuse, stalking victims are able to petition courts for no-contact orders.

Can the police help with harassment?

If you feel as if you’re being harassed or stalked, you can report it to the police or apply for an injunction through civil court. It is a criminal offence for someone to harass you or to put you in fear of violence.

What to do if you have a restraining order against you?

If you are in immediate danger, call your local police or 911. that limits what a person can do in any way that the court thinks is appropriate. The order might limit where a person can go, or who they can contact or communicate with. A restraining order might say that a person must not:

Can a minor get a restraining order against a household member?

A minor cannot be granted a restraining order against a current/former household member ( unless the minor is considered to be emancipated under the law).

Can I get a restraining order for stalking of a child?

Note: A minor who is being stalked by anyone (including a family/household member) can get a restraining order based on “stalking of a child” if the minor’s parent/guardian files a complaint with the Superior Court.

Can an employee ask for a workplace violence restraining order?

An employee CANNOT ask for a workplace violence restraining order. If the employee wants to protect him or herself, he or she can ask for a civil harassment restraining order (or a domestic violence restraining order if the abuser is a partner/spouse or former partner/spouse or close family member). Find more information about Workplace Violence.