Protective Order vs. Restraining Order. Even if you’re not running in and out of courtrooms every day like we are, surely you’ve heard the terms Protective Order vs. Restraining Order by now. But what do they mean, exactly? Well, for starters, they aren’t meant to be interchangeable terms.
While there are similarities, many people get these two terms confused or think they are one and the same. Let’s discuss the differences in this blog post.
What is a Protective Order?
A protective order usually comes into play in family violence and domestic abuse cases. Basically, someone (example: a spouse) believes their life is in danger, whether because of physical abuse, harassment, stalking, or some other threat. A protective order is issued for the protection of the victim, whether the violence has already happened or is likely to occur. Any violation of a protective order can result in civil and criminal consequences.
There are three types of protective orders:
Temporary ex parte order
When there is a clear and present danger of family violence. It can be granted without notice or a hearing and is valid up to 20 days.
Final protective order
When family violence has occurred and is likely to happen again, especially if a previous protective order was violated.
Magistrate’s order for emergency protection
Can come into play after a person has been arrested for family violence, assault, or another serious threat.
Okay, so what is a Restraining Order then?
While a restraining order also prohibits a person from making any type of contact with a specific person once a judge has put it into effect, it usually comes into play during an existing court case such as a divorce proceeding. In this instance, a judge may put a restraining order on one or both parties to set limitations on certain actions.
Restraining orders can be temporary or permanent.
- Having any form of contact with the other party during the case
- If someone has sued another party and is afraid that person will harm them
- Prohibiting the sale of marital property
- Limiting financial withdraws by either party in a divorce case
- Harassment of an individual
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It is always a good idea to talk to a lawyer about your specific situation. Give our knowledgeable staff here at Nelson Law Group, PC a call if you have any further questions regarding this – or any other – issue.
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