Does a No Contact Order Go Both Ways in California? What You Need to Know

If you’ve been served with a restraining order in California, you likely have many questions about what you can and cannot do. One of the most common questions we hear at The Nieves Law Firm is: “Does a no-contact order go both ways?” The answer might surprise you.

No Contact Orders Are One-Sided in California

The short answer is no, restraining orders and no contact orders do not work both ways in California.

When a court issues a restraining order, the restrictions typically apply only to the respondent (the person the order is against). The petitioner (the person who requested the order) generally remains free to initiate contact.

This creates a situation that many respondents find confusing and frustrating: the person who obtained the restraining order against you can legally contact you, but you cannot respond without potentially violating the order.

Understanding the One-Way Street of Restraining Orders

To break this down more clearly:

For the Respondent (Person Restrained):

• You cannot contact the protected person in any way
• You must stay the specified distance away from the protected person
• You cannot respond even if the protected person contacts you first
• Violating these terms can result in criminal charges

For the Petitioner (Protected Person):

• They can legally contact you if they choose to
• They face no legal consequences for initiating contact
• The restraining order does not restrict their behavior (unless specifically stated)

Why Doesn’t the Order Apply to Both Parties?

Restraining orders are designed as protective measures, not punitive ones. Their primary purpose is to protect someone who has demonstrated to the court that they need protection from another person.

The law doesn’t assume that both parties need equal protection from each other unless evidence shows otherwise. If both parties truly need protection from each other, they would each need to file separate restraining orders.

The Dangerous Trap of Responding

If you’re under a restraining order and the protected person contacts you, responding in any way could violate the order. This creates what many respondents feel is an unfair situation:

• The petitioner texts you → You cannot text back
• The petitioner calls you → You cannot answer
• The petitioner approaches you in public → You must leave the area
• The petitioner sends messages through mutual friends → You cannot send messages back

Even if the contact seems friendly or the protected person says “it’s okay to respond,” the court order remains in effect until formally modified or terminated by a judge.

Documentation Is Your Protection

If you’re the respondent and the petitioner is contacting you, document everything but do not respond:

1. Save all text messages, emails, and voicemails
2. Note dates, times, and circumstances of any in-person approaches
3. Keep records of any witnesses who observed the petitioner contacting you
4. Inform your attorney immediately

This documentation can be valuable if you decide to request that the court modify or terminate the restraining order.

Can the Court Issue Mutual Restraining Orders?

Yes, but it’s uncommon. California courts can issue mutual restraining orders, but only if:

1. Both parties file requests for restraining orders against each other
2. Each request is processed as a separate case
3. The court finds that both parties acted primarily as aggressors and neither acted primarily in self-defense

Under California Family Code Section 6305, a judge must make detailed findings that both parties acted as primary aggressors before issuing mutual restraining orders.

Special Case: Criminal Protective Orders

In the criminal context, no contact orders issued as part of criminal proceedings follow the same principle. If you’re ordered to stay away from someone as part of your bail conditions or criminal case, that order does not restrain the protected person from contacting you. However, you still cannot respond.

What to Do If You’re Under a Restraining Order

If someone has obtained a restraining order against you in California, follow these critical steps:

1. Understand the exact terms of the order – read it carefully
2. Comply completely with all provisions, even if the other party initiates contact
3. Document any violations by the petitioner but do not respond
4. Consult with an attorney about requesting modification or termination
5. Never violate the order – penalties can include jail time, fines, and other serious consequences

How The Nieves Law Firm Can Help

Dealing with restraining orders can be challenging, especially when the protected person is still reaching out to you. Our experienced attorneys can help you:

• Understand the specific terms of your restraining order
• Document inappropriate contact from the protected person
• File for modification or termination when appropriate
• Defend against allegations of violation
• Represent you in restraining order hearings

We understand the frustration of being legally prevented from responding to someone who continues to contact you. Our goal is to help you navigate this difficult situation while keeping you legally protected.

Get Professional Guidance Today

If you’re struggling with a restraining order situation where the other party continues to contact you, don’t handle it alone. Contact The Nieves Law Firm today for a free consultation. Our team can provide the guidance you need to protect your rights and avoid the serious consequences of restraining order violations.

Remember: even if the restraining order doesn’t go both ways, our commitment to protecting your rights absolutely does.