Restraining Orders and Protective Orders are two different legal documents that are designed to provide protection from someone perceived to be a threat. However, there are important differences between the two that should be understood.
A restraining order is a court order that requires one person to stay away from another person. Generally, a restraining order is issued to protect someone from being harassed, threatened, or stalked by another person. It is usually issued as the result of a criminal complaint and the alleged offender must appear in court.
A protective order is a more comprehensive court order that is issued to protect someone from physical harm or abuse. It is issued in civil court, not criminal court, and the alleged offender is not required to appear in court.
Restraining orders are typically issued on an emergency basis and are intended as a temporary measure. The court can issue a restraining order until the next hearing, which is usually scheduled within 15 days. At the hearing, the court may extend the restraining order for up to one year.
Protective orders, on the other hand, are issued after a hearing in which both parties can present their cases. The court can issue a protective order for up to two years, and it can also include provisions that require the alleged offender to stay away from the protected person’s home and workplace.
In summary, a restraining order is a court order that requires one person to stay away from another person in order to protect them from harassment, threats, or stalking. A protective order is a more comprehensive court order that is issued to protect someone from physical harm or abuse and can last up to two years.
Restraining Orders
A Restraining Order is a court order designed to prevent an individual from engaging in specific activities, such as contact with another individual or going to certain places. Restraining Orders are sometimes referred to as Protection Orders or Injunctions, and they are typically issued in response to an allegation of abuse, harassment or stalking.
When a Restraining Order is issued, the individual who is named in the order is prohibited from engaging in certain activities and must obey the terms of the Order or face criminal penalties. The types of activities that are prohibited may include: contacting the protected individual, coming within a certain distance of the protected individual, going to the protected individual’s home or workplace, or possessing firearms.
Restraining Orders are issued by a court and they typically remain in effect until the date specified in the Order or until the Order is modified or dismissed. The person who requested the Restraining Order may be able to have the Order modified or dismissed if the circumstances have changed.
Protective Orders
A Protective Order is similar to a Restraining Order in that it is designed to protect an individual from harm. However, Protective Orders are typically issued in response to an allegation of domestic violence, rather than stalking or harassment.
When a Protective Order is issued, the individual who is named in the Order is prohibited from engaging in certain activities and must obey the terms of the Order or face criminal penalties. The types of activities that are prohibited may include: contacting the protected individual, coming within a certain distance of the protected individual, going to the protected individual’s home or workplace, or possessing firearms.
Protective Orders are issued by a court and they typically remain in effect until the date specified in the Order or until the Order is modified or dismissed. The person who requested the Protective Order may be able to have the Order modified or dismissed if the circumstances have changed.
Protective Orders may also include provisions that are not typically included in a Restraining Order, such as a requirement for the accused to attend counseling or to surrender firearms.
Differences Between Restraining Orders and Protective Orders
The primary difference between a Restraining Order and a Protective Order is the reason for which the Order is sought. A Restraining Order is typically issued in response to an allegation of abuse, harassment or stalking, while a Protective Order is typically issued in response to an allegation of domestic violence.
The other differences between the two types of Orders include the types of activities that are prohibited and the provisions that are included in the Order. In a Restraining Order, the accused may be prohibited from certain activities and may be required to obey certain restrictions. However, a Protective Order may include additional provisions, such as a requirement to attend counseling or to surrender firearms.
In addition, the duration of the Orders may vary. Restraining Orders are typically issued for a specific period of time, while Protective Orders may remain in effect until the date specified in the Order or until the Order is modified or dismissed.