People use the terms “stay away order,” “no contact order,” “protective order,” and “restraining order” interchangeably, but in California they are not all the same thing. The differences matter because they come from different courts, have different standards, and are enforced differently.
The domestic violence restraining order (DVRO)
A domestic violence restraining order, or DVRO, is a civil order issued by the family court under the Domestic Violence Prevention Act. A person who has been abused by a spouse, partner, co-parent, or close family member petitions the court, and if granted, the DVRO can order the restrained party to stay away, not contact the protected person, move out of a shared home, and surrender firearms. A DVRO is requested by the victim and can last up to five years, renewable.
The criminal protective order (CPO)
A criminal protective order, by contrast, is issued in a criminal case by the criminal court, usually when the district attorney files domestic violence charges. The protected person does not file it — the prosecutor and judge do — and it typically stays in effect while the criminal case is pending and can continue after a conviction. A CPO frequently contains a stay away order and a full no contact provision as its core terms.
So what is a “stay-away order”?
A stay away order is not usually a separate case type — it is a term within a larger order. Both a DVRO and a CPO commonly include a stay-away provision requiring the restrained person to remain a specified distance (often 100 yards) from the protected person, their home, workplace, and children’s school. So the practical answer to “stay away order vs restraining order” is that the stay-away directive is one of the protections a restraining order or protective order contains, not a distinct order you file for on its own.
Emergency options and enforcement
In an emergency, law enforcement can obtain an Emergency Protective Order (EPO) that lasts about a week until you can seek a DVRO. Whichever order is in place, violating it is a crime — a knowing violation of a restraining order or criminal protective order, including its stay-away terms, can result in arrest and prosecution. Choosing the right order, and getting the terms right, is where experienced counsel makes the difference.
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.