Civil Restraining Orders for Criminal Conduct in California

Civil restraining orders play a significant role in California cases involving allegations of domestic violence, harassment, stalking, threats, or abuse.

If you are accused of criminal conduct, you may also face a civil restraining order, even before criminal charges are filed.

These orders are powerful court directives that can dramatically affect your freedom, housing, employment, and firearm rights.

Understanding how civil restraining orders work, how they differ from criminal protective orders, and the serious consequences of violations is critical to protecting your rights.

What Is a Civil Restraining Order?

A civil restraining order, also known as a protective order, is a court order that restricts the behavior of a person, the restrained party, to protect another individual, the protected party.

Civil restraining orders are issued through a separate civil court process, not through the criminal justice system, although they often overlap with criminal investigations and prosecutions.

Restraining orders can prohibit:

• Harassment, threats, or abuse

• Direct or indirect contact, including phone calls, texts, emails, and social media

• Coming within a specified distance, often 100 yards, of the protected party

• Entering certain locations, such as a home, workplace, or school

• Possessing or purchasing firearms

Violating a civil restraining order is a criminal offense and can result in arrest and prosecution.

Under California Penal Code Section 18100, people can petition the court to issue a Gun Violence Restraining Order (GVRO).

Who Can Be Protected by a Restraining Order?

California restraining orders can protect a wide range of individuals, including:

• Spouses and former spouses

• Current or former romantic partners

• Cohabitants or former roommates

• Family members and relatives

• Coworkers or employees

• Neighbors or acquaintances

• Elderly or dependent adults

• In some cases, pets or animals

Because of their broad scope, restraining orders can impose extensive restrictions on daily life.

Types of Civil Restraining Orders in California

California law recognizes several types of civil restraining orders, depending on the parties' relationship and the alleged conduct.

Domestic Violence Restraining Orders (DVROs)

DVROs apply when the parties have or had an intimate or family relationship. This includes spouses, ex-spouses, dating partners, former partners, cohabitants, and close relatives.

These orders often arise from allegations of physical abuse, emotional abuse, threats, or controlling behavior.

Civil Harassment Restraining Orders (CHROs)

Civil harassment restraining orders apply when there is no intimate relationship between the parties. These cases commonly involve neighbors, coworkers, roommates, acquaintances, or strangers. Harassment, stalking, or repeated threats may justify this type of order.

Elder or Dependent Adult Abuse Restraining Orders

These orders protect individuals aged 65 or older, or dependent adults with disabilities, from abuse, neglect, financial exploitation, or threats.

Workplace Violence Restraining Orders

These are filed by an employer on behalf of an employee who has been threatened, stalked, or harassed at work.

Civil Restraining Orders vs. Criminal Protective Orders

Civil restraining orders are often confused with criminal protective orders (CPOs), but they are legally distinct.

A criminal protective order is issued as part of a criminal case, usually at arraignment, to protect an alleged victim. The court issues it automatically, without the victim having to file paperwork.

A civil restraining order, by contrast, is initiated by the alleged victim through a civil court petition. It can be requested even if no criminal charges are filed and even if a criminal protective order does not exist.

Both orders may exist simultaneously, and both carry criminal penalties if violated.

How Civil Restraining Orders Intersect with Criminal Charges

Civil restraining orders often arise alongside criminal allegations. For example:

• An alleged domestic violence victim may seek a restraining order before prosecutors file charges

• A court may issue a civil order even if a criminal case is dismissed

• Both a civil restraining order and a criminal protective order may apply at the same time

Courts may impose additional conditions, such as:

• Mandatory counseling or anger management

• Batterer’s intervention programs lasting up to 52 weeks

• Parenting or family counseling

• Orders to vacate a shared residence

Judges have broad authority to impose these restrictions when public safety is a concern.

Standard of Proof in Civil Restraining Order Cases

A key difference between civil and criminal cases is the burden of proof.

In a criminal case, the prosecution must prove guilt beyond a reasonable doubt.

In a civil restraining order case, the petitioner must only prove the allegations by a preponderance of the evidence, meaning it is more likely than not that the conduct occurred.

This lower standard makes it significantly easier for a restraining order to be granted than for a criminal conviction to occur.

Firearm Restrictions and Restraining Orders

Most civil restraining orders require the restrained person to:

• Surrender firearms to law enforcement or a licensed dealer

• Sell or store firearms during the duration of the order

• Refrain from purchasing or possessing firearms or ammunition

Violating firearm restrictions can result in additional criminal charges.

Consequences of Violating a Civil Restraining Order

Violating a civil restraining order is a serious criminal offense under California Penal Code 273.6.

Misdemeanor Penalties

A misdemeanor violation may result in:

• Up to one year in county jail

• Fines of up to $1,000

• Probation

• Mandatory counseling or anger management programs

Felony Penalties

Repeated violations or violations involving violence may be charged as felonies, carrying:

• Up to three years in state prison

• Higher fines

• Lengthy probation terms

Even accidental or indirect contact can trigger arrest if the order is violated.

How Are Civil Restraining Orders Issued?

The process generally begins when the petitioner files paperwork describing the alleged conduct. A judge reviews the request and may issue a Temporary Restraining Order (TRO) without the restrained person being present.

The TRO typically lasts a few weeks. A court hearing then determines whether to issue a permanent restraining order, which can last up to five years.

At the hearing, both sides may present evidence, witnesses, and testimony before the judge makes a final decision.

Defending Against a Civil Restraining Order

If you have been served with a civil restraining order:

• Read the order carefully and comply with all terms

• Avoid all prohibited contact, even indirect communication

• Prepare to contest the order at the court hearing if the allegations are false or exaggerated

An experienced attorney can help you challenge the evidence, cross-examine witnesses, and argue against the issuance or scope of the order. Legal representation is especially important when restraining orders overlap with criminal investigations.

Contact a California Defense Attorney

Civil restraining orders can have immediate and long-lasting consequences. If you have been served with a restraining order or accused of violating one, early legal intervention is critical.

Contact Cron, Israels & Stark for a confidential case evaluation and experienced guidance on defending against civil restraining orders and related criminal allegations.