In California, a domestic violence protective order is a legal document issued by a court that aims to protect an individual from abuse, harassment, or threats from a family or household member. This type of order can come in two forms: a full stay away order or a peaceful contact order. While both orders are meant to protect the victim, they have distinct differences.
Full Stay Away Domestic Violence Protective Order:
A full stay away order prohibits the abusive party from having any contact or communication with the victim. The person who is subject to the order must stay a certain distance away from the victim and any location the victim frequents, such as their home, workplace, or school. The order may also require the abuser to surrender any firearms they may have.
A full stay away order is typically issued in cases where the court determines that the victim is at risk of physical harm from the abuser. The order can be obtained through the criminal court system, by filing a request for a protective order with the clerk of the court.
To obtain a full stay away order, the victim must provide evidence that they have been abused or threatened with abuse by the abuser. This can include testimony, photographs, medical records, or other evidence that shows that the victim has been physically or emotionally harmed. The court will then make a determination as to whether there is sufficient evidence to issue the order.
A full stay away order can last for up to three years, depending on the circumstances of the case. Violating the order can result in criminal charges and can lead to fines, probation, or even jail time.
Peaceful Contact Order/No HAM Order:
A peaceful contact order, also known as a "no negative contact" order, or No HAM (do not harass, annoy or molest) order, allows the abusive party to have contact with the victim but prohibits any negative or threatening behavior. This type of order is typically issued in cases where the court determines that the victim is not at risk of physical harm from the abuser, but may still require protection from harassment or intimidation.
A peaceful contact order may specify that the abuser can only contact the victim in a certain way, such as by phone or email, and may prohibit the abuser from contacting the victim at certain times or locations. The order may also require the abuser to attend counseling or anger management classes.
To obtain a peaceful contact order, the victim must provide evidence that they have been harassed or threatened with harassment by the abuser. This can include testimony, photographs, or other evidence that shows that the victim has been emotionally harmed. The court will then make a determination as to whether there is sufficient evidence to issue the order.
A peaceful contact order can last for up to three years, depending on the circumstances of the case. Violating the order can result in criminal charges and can lead to fines, probation, or even jail time.
In summary, a full stay away order in California prohibits the abuser from having any contact or communication with the victim, while a peaceful contact order allows for contact but prohibits negative or threatening behavior. The type of order issued depends on the circumstances of the case and the level of risk to the victim. Both orders aim to protect victims of domestic violence and provide a legal framework to hold abusers accountable for their actions.
Usually, if there is a violation of a restraining order, the Court will often remand the defendant, if the defendant is out of custody. Please check our our domestic violence restraining order webpage here.
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