Q: Hello. What is the difference between a restraining order and a protective order in California?
A:
(1) A restraining order is granted by the Family Division of the Superior Court if the abuser is a spouse, romantic partner, or relative (or Civil Division if not). You may apply for a restraining order on your own, or hire a private attorney to help you.
(2)A Protective Order is usually entered by the Criminal Division upon request of a law enforcement officer. If you are in immediate danger, call 911. If you have children, they, too, could be at risk. When the police arrive, explain what happened. The officers can contact an on-call judicial officer and issue you an Emergency Protective Order (also called an EPO) on the spot. This legally prohibits the batterer from coming within a certain distance of you. It also may grant you temporary custody of your children.
To obtain an EPO, there must be an “immediate and present danger” that you and/or your child will suffer domestic violence, or that your child will be abducted by the other parent. The EPO will remain in effect for five court days or seven calendar days, whichever is shorter.
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