A domestic violence arrest in California sets several legal processes in motion at the same time. One of the first, and often the most disruptive, is the restraining order. Many people are surprised to learn that there is not just one kind of order. Depending on what happened and who is asking, a person arrested for domestic violence may face an emergency protective order, a criminal protective order, a domestic violence restraining order from family court, or some combination of all three.
Each of these orders works a little differently, lasts for a different amount of time, and comes from a different part of the legal system. What they have in common is that they carry serious consequences, including new criminal charges if they are violated. This guide walks through the types of protective and restraining orders that can follow a domestic violence arrest in Riverside and throughout California, what they prohibit, and why getting guidance from a criminal defense attorney early can make a meaningful difference.
Three Types of Orders That Can Follow a Domestic Violence Incident
When a domestic violence incident is reported in California, there are three main types of orders that can be issued. The first is the emergency protective order, which is generally issued at the request of the police. The second is the criminal protective order, which is part of the criminal case and is ordered by the judge handling that case. The third is the domestic violence restraining order, which is sought by the person who claims to have been harmed and is handled in family law court.
Because these orders come from different sources, it is possible to be subject to more than one of them at the same time. A person might leave the police station with an emergency protective order already in place, later receive a criminal protective order at arraignment, and then be served with a request for a domestic violence restraining order in a completely separate family court case. Understanding which order is which, and what each one requires, is an important first step.
Emergency Protective Orders: The First Order Many People See
In many domestic violence arrests, the police will contact an on-call judge and request that an emergency protective order be granted to protect the alleged victim. This can happen at any hour, including nights and weekends, which is why emergency protective orders are often the very first order a person encounters after an arrest.
Emergency protective orders are short-term by design. They generally last for around five days. The purpose is to create immediate distance between the parties while the criminal case begins and while the alleged victim decides whether to seek a longer-lasting order. Even though the order is brief, it is fully enforceable, and violating it can create new legal problems on top of the original arrest.
Criminal Protective Orders in the Criminal Case
Once a domestic violence case moves into the criminal court system, the judge presiding over that case may issue a criminal protective order. This order is part of the criminal case itself. It is not something the alleged victim files for separately. Instead, it is ordered by the court as the case moves forward.
A criminal protective order can remain in place while the case is pending, and its terms can affect where the arrested person lives, who they can see, and how they go about their daily life. Because it is tied to the criminal case, the way the case is defended and resolved can influence how long the order stays in effect and what conditions it includes.
What a Restraining Order Prohibits
Any restraining order that results from a domestic violence arrest prohibits the arrested person from having contact with the alleged victim. That prohibition is broad. The restrained person cannot go near the protected person’s home, car, or workplace. They also cannot communicate with that person in any way.
That includes verbal communication, such as phone calls or in-person conversations, as well as electronic communication like text messages, emails, and social media messages. It also includes indirect contact through a third person. Asking a friend or family member to pass along a message can be treated as a violation. For many people, especially those who share a home or children with the protected person, these restrictions can feel overwhelming. It is important to take them seriously and to follow them exactly as written.
Domestic Violence Restraining Orders in Family Law Court
Separate from any order that may be issued in the criminal case, a person arrested for domestic violence may also face a domestic violence restraining order filed by the alleged victim in family law court. This is a different case with a different judge and a different set of rules.
One of the most significant differences is the burden of proof. A domestic violence restraining order has a much lower burden of proof than a criminal conviction. That means a family court judge can grant the order even if the criminal case has not been resolved, and even if the criminal case is eventually dismissed.
A domestic violence restraining order can also last much longer than an emergency protective order. In addition, it can include orders related to child custody. For parents, this can directly affect time with their children, which is why responding to a family court restraining order request with care and preparation is so important.
Violating a Restraining Order Under Penal Code 273.6
California treats violations of restraining orders as a serious matter. Under Penal Code 273.6, anyone who violates a restraining order can be charged criminally for that violation. This is a new charge that is separate from the original domestic violence allegation.
A violation of a restraining order can result in jail time or even prison time. Even a single phone call, text message, or message sent through a mutual friend can lead to an arrest. People sometimes assume that if the protected person reaches out first, contact is allowed. That is not the case. The order applies to the restrained person, and only the court can change it.
Why Early Legal Guidance Matters
Protective and restraining orders can shape nearly every part of life after a domestic violence arrest, from housing and employment to parenting time. Because these orders can come from the police, the criminal court, and the family court at the same time, it is easy to feel lost about what is allowed and what is not.
A criminal defense attorney can help you understand exactly which orders are in place, what each one requires, and how the criminal case and any family court case may affect one another. Having that clarity early can help you avoid accidental violations and protect your rights as your case moves forward.
Conclusion
A domestic violence arrest in California can lead to emergency protective orders, criminal protective orders, and domestic violence restraining orders in family court. Each type has its own source, its own timeline, and its own consequences, and violating any of them can lead to new criminal charges under Penal Code 273.6. If you or someone you care about is dealing with a protective order or restraining order in Riverside, speaking with a criminal defense attorney can help you understand your situation and your options.
