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Stay Away Order vs Restraining Order The main difference is that the Stay-Away Order (Criminal Protective Order) arises out of a criminal case and is issued in criminal court by a Judge while the Civil Restraining Order is issued by civil or family law Judges.
To get a restraining order: You must be able to state that the defendant hurt or threatened to hurt you and that you are in imminent (likely) danger of further abuse or threats if the order is not issued.
The 7 forms that you will need to complete in the Civil Harassment Restraining Order Form Packet are: Civil Case Cover Sheet (CM-010); Declaration Re: Notice Temporary Restraining Order (L-0889); Notice of Court Hearing (CH-109); Temporary Restraining Order (CH-110);
The temporary order lasts for 14 days or until the full court hearing and it can be extended once for 14 days if the respondent could not be served or if the parties consent. A final domestic abuse restraining order, also called an injunction, will last for up to four years.
A: Generally, there is no difference between a restraining order and a protective order. California law uses them to refer to the same action. These words are used interchangeably for the same court order, which protects a person from abuse, stalking, violence, or threats of violence from another person.