People use "restraining order" and "no contact order" as if they mean the same thing, but in California they usually come from two different courts and work differently. Understanding the restraining order vs no contact order distinction matters whether you are seeking protection or are the person an order is aimed at.
The restraining order: a civil order you request
A restraining order — most commonly a domestic violence restraining order (DVRO) or a civil harassment restraining order — is a civil order that the protected person asks the court to issue. You file a request with a supporting declaration, the court can grant temporary orders quickly, and after a hearing it can issue a longer order that can require the restrained person to stay away, not contact you, move out, and surrender firearms. The key point is that you, the protected person, initiate it and can ask to modify or drop it.
The no contact order: a criminal order the court imposes
A no contact order, by contrast, is typically a term of a criminal protective order issued in a criminal case — usually after someone is arrested or charged with domestic violence or a related crime. Here the district attorney and the judge drive it, not the victim. The criminal court orders the defendant to have no contact with the protected person as a condition of release or probation, and it generally stays in place while the criminal case is pending. Because it belongs to the criminal case, the protected person cannot simply cancel a no contact order on their own.
Why the difference matters
So in the restraining order vs no contact order comparison, the practical distinctions are who controls the order and which court issued it. A civil restraining order is requested by and can be modified at the request of the protected person; a criminal no contact order is imposed and controlled by the criminal court. The two can also exist at the same time — a victim may have a family-court DVRO while the abuser also faces a criminal no contact order. Either way, violating an order is a crime, and getting the right kind of protection in place is where experienced counsel helps.
Talk to Furubotten Law
Every page on this site ends the same way it began: with a real lawyer. If you are navigating any of the issues discussed above, Denise Furubotten, Esq. brings 30 years of California family law experience to your matter. Call Furubotten Law, APC at (714) 795-3862 to schedule a confidential evaluation.