If you’re facing a situation involving harassment, abuse, or criminal charges in California, chances are you’ve come across the terms “restraining order” and “stay-away order.” They sound similar, and they both seem to do the same thing, but these orders come from different courts, follow different procedures, and serve different purposes.
Knowing the difference could affect how you protect yourself, how you respond to a court order, or how you navigate a pending criminal case.
What Is a Restraining Order in California?
In California, a restraining order is a civil court order issued to protect a person from abuse, threats, harassment, or stalking. You generally do not need to report a crime, file a police report, or involve law enforcement to ask the court for one.
Common restraining orders include:
- Domestic Violence Restraining Orders (DVRO) – Protects someone from abuse by a current or former spouse, cohabitant, dating partner, or close family member. (California Family Code §§6203, 6211, 6320)
- Civil Harassment Restraining Orders – Used when there’s no close personal relationship, like with neighbors, roommates, or coworkers.
These orders stem from a civil proceeding: the person you’re filing against doesn’t have to be charged with any crime for the court to issue the order.
Let’s say your ex-partner is sending threatening messages, showing up at your job, and making you feel unsafe. Even if they haven’t been arrested, you can still petition the court for a DVRO, so long as you meet the legal definition of “abuse” under Family Code §6203 and support your claims under penalty of perjury.
What Is a Stay Away Order in California?
A stay-away order is a criminal protective order issued during a criminal case. You do not request it yourself; the prosecutor does, usually at a first court hearing or arraignment.
Typically, a California judge issues a stay-away order (under Penal Code §136.2) to protect a victim, witness, or other party from the defendant during the duration of a criminal case. You often see this in domestic violence cases, assault charges, or stalking cases.
Here’s how it usually plays out:
Suppose someone is arrested for domestic battery. At the arraignment, the prosecutor asks the judge to issue a protective order. The judge agrees, and now the defendant is legally required to stay away from the victim. That’s a stay-away order, and breaking it can result in immediate arrest.
Key distinction? It’s issued within a criminal case, and it’s backed by the criminal justice system, not initiated by the alleged victim.
Stay Away Order vs. Restraining Order: What’s the Difference?
The main difference between the two is that a restraining order is a civil court order initiated by an individual seeking protection, while a stay-away order is a criminal protective order issued during a criminal case at the request of the prosecutor.
Both can contain identical terms, such as requiring someone to avoid contact or stay physically distant, but they originate in different legal contexts and follow different procedures.
Comparison Table: Stay-Away Order vs. Restraining Order
| Category | Stay-Away Order (Criminal Protective Order) | Restraining Order (Civil / Family Law Order) |
| Legal Context | Criminal law | Civil or family law |
| Court Type | Criminal court | Family court or civil court |
| Initiated By | Prosecutor (District Attorney) | Private individual (the person seeking protection) |
| When Issued | During criminal proceedings (e.g., domestic violence, assault, stalking cases) | Any time a person feels threatened or harassed |
| How It’s Requested | By prosecutor; victim does not file own paperwork | The protected person files a request with the court |
| Protects Against | Contact, harassment, intimidation, or harm | Abuse, harassment, stalking, threats, or unwanted contact |
| How It’s Served | Defendant is served in court or in jail after issuance | Respondent must be personally served (by law enforcement or a process server) |
| Who It Protects | Victims, witnesses, or specific persons named in a criminal case | Individual petitioner (and often children, relatives, or roommates) |
| Violation Consequences | Criminal contempt, new misdemeanor/felony charges, bail or probation revocation. Can be prosecuted | A crime under Penal Code §273.6. Can lead to criminal charges or civil contempt. |
| Record Impact | Appears on criminal record; may affect sentencing, bail, probation, or firearm rights | Becomes a public record but is not itself a criminal conviction unless violated. May restrict firearms. |
| Interaction With Other Orders | Can coexist with a DVRO; criminal order generally overrides in conflicts | Can coexist with a stay-away order; may extend protection beyond criminal case duration |
It’s important to note that “stay-away” provisions can also be included in civil restraining orders. Most types of restraining orders in California, including Domestic Violence Restraining Orders (DVROs) and Civil Harassment Restraining Orders, allow judges to order the restrained person to stay a certain distance away from the protected person, their home, workplace, school, or other specified locations.
This means that while “stay-away order” often refers to a criminal protective order, the stay-away requirement itself is also a standard feature of civil restraining orders. In both contexts, it serves the same purpose: keeping the protected person physically safe and preventing unwanted contact.
Final Thoughts
California takes personal safety seriously, which is why both civil and criminal courts have tools to help protect people. Whether you’re seeking protection or responding to an order, knowing the difference between a stay-away order and a restraining order is critical.
Navigating these legal paths isn’t easy, but understanding the basics is the first step. And when in doubt, don’t go it alone.
Need Help With a Domestic Violence Restraining Order?
If you’re considering filing for a Domestic Violence Restraining Order (DVRO) in California, or you’re responding to one, we’re here to help. We guide individuals through the DVRO process from start to finish, drafting the paperwork, preparing for the hearing, and ensuring your rights are protected.
Whether you’re trying to protect yourself and your children or you’ve been served and need to defend yourself appropriately, navigating DVROs without legal guidance can be overwhelming.
Reach out today to get clear, experienced support in your DVRO case.
FAQs: Stay Away Order vs. Restraining Order in California
Is a restraining order worse than a no-contact order?
Not necessarily. A restraining order is a civil court order meant to protect someone from abuse, threats, or harassment. It can include conditions like no contact, stay-away distances, and firearm restrictions. A no-contact order, often called a criminal protective order, is issued by a criminal court as part of a criminal case. Both carry serious consequences if violated, but they come from different courts and serve different purposes.
How many yards do you have to stay away under a restraining order?
There isn’t a single statewide distance. Most California judges set the stay-away requirement at about 100 yards, though it can vary depending on the case. Always follow the exact distance written in your specific court order.
Is a stay-away order a restraining order?
A stay-away order is a type of restriction that can be included within a restraining order or a criminal protective order. In other words, a stay-away clause is one of the conditions a restraining order might include, directing a person to maintain a certain physical distance from the protected person.
