What is the difference between a no-contact order and a restraining order?

In California, a "no-contact order" is usually not its own document. It is a term inside a protective order, often a criminal protective order (form CR-160 or CR-161) that the judge in a criminal case issues. A "restraining order" usually means a civil order someone else asked a family or civil court for. Knowingly violating either can be charged as a crime.

A no-contact order is usually a term, not a separate order

The official order forms list "No-contact order" as one numbered item among several. On the criminal protective order forms it is item 15, which says the defendant "must not contact the protected persons named in items 2 and 3, directly or indirectly, by any means," including by phone, mail, email, electronic means or through a third party. The same item says contact through an attorney under reasonable restrictions set by the court does not violate it. The civil domestic violence forms have their own no-contact item: item 11 on the temporary order (DV-110) and item 15 on the order after hearing (DV-130).

A stay-away order is a separate item that sets a distance in yards from the person, their home, job, vehicle or other places. An order can contain one term without the other. A criminal protective order can also limit contact to peaceful contact for exchanging children and court-ordered visitation, but only if the judge checked that exception. So the practical question is not which label someone used, but which form you were given and which boxes on it are checked. The firm's page on no-contact and stay-away orders covers those terms in more detail.

How to tell which order you have

The form number in the corner of the first page answers most of the question.

If your order is a CR form, it belongs to the criminal case against you and is controlled by the judge in that case. If it is a DV or CH form, it comes from a separate civil case in which you are the restrained person, even if no criminal charge was ever filed. It is possible to have both at once.

Who issues each one, and on what basis

A criminal court can issue a protective order under Penal Code 136.2(a)(1) upon a "good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur." The protected person does not have to ask for it, and it can be issued while the case is pending, before any plea or trial. One of the orders the statute lists is that the defendant have "no communication whatsoever with a specified witness or a victim except through an attorney." A similar order can be imposed as a condition of probation under section 1203.097(a)(2), or at sentencing after certain convictions. See criminal protective orders.

A civil restraining order starts with a request filed by the person who wants protection. The court can grant temporary orders before the restrained person is heard, and the restrained person can respond and be heard at the hearing that follows before a longer order is made. Because the protected person is a party to that case, the civil order is not tied to whether prosecutors ever file charges. See civil protective orders.

How long each order lasts

A domestic violence order after hearing can also be renewed. Section 6345(a) allows renewal "either for five or more years, or permanently," and "without a showing of further abuse."

What violating each one does to your case

For a criminal protective order, a willful and knowing violation is contempt of court under Penal Code 166(c)(1), a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both. A second or later conviction for a violation involving violence or a credible threat of violence, within seven years of a prior conviction for violating one of these orders, can be punished with state prison. The violation also lands in the case that is already open: if the order is a probation condition, it can be grounds for a probation violation, and contacting the protected person to ask them not to report or testify can bring a separate Penal Code 136.1 charge. See witness dissuasion charges.

For a civil restraining order, an intentional and knowing violation is a misdemeanor under Penal Code 273.6(a), with up to one year in county jail, a fine of up to $1,000, or both. If the violation causes physical injury, the maximum fine rises to $2,000 and any jail term generally runs from 30 days to one year, and certain repeat violations within seven years can be charged as felonies. The civil order forms tell officers that if they have probable cause to believe the restrained person knew of the order and disobeyed it, they must arrest. A violation can turn a civil matter into a criminal case; see violation of a restraining or protective order.

What if the protected person reaches out or agrees to contact?

The order still applies. Under Penal Code 13710(b), the terms "remain enforceable, notwithstanding the acts of the parties, and may be changed only by order of the court." The CR-160 and DV-130 instructions add that the protected person cannot be arrested for inviting or consenting to contact, so the risk falls entirely on the restrained person. If contact is needed for children, check whether the peaceful-contact exception was granted; see what peaceful contact allows. If you have both a criminal and a civil order with different terms, see which order controls.

For how the firm handles these orders and violation charges, see its restraining order defense page.