Regarding domestic violence, there are two types of orders to protect the victim. These orders are called restraining orders and protective orders. Although both types of orders serve the same purpose, there are some key differences between the two. Both types of orders typically forbid the person named in the order from having any contact with the protected individual, although the specific terms of each order can vary.
The main difference between a restraining order and a protective order is that a restraining order is issued by a criminal court, while a civil court issues a protective order. This means that a restraining order is a criminal offense, while a violation of a protective order is a civil offense.
Another difference between the two types of orders is that restraining orders are typically issued after someone has been arrested for domestic violence, while protective orders can be obtained without an arrest.
Restraining orders:
A restraining order is a court order that requires the abuser to stop all forms of contact with the victim. Forms of contact include physical, verbal, emotional, and sexual abuse. Restraining orders can also prohibit the abuser from coming within a certain distance of the victim’s home, work, or school. In some cases, a restraining order may require the abuser to move out of the shared residence.
Restraining orders are most commonly used in domestic violence situations, while protective orders are more often used in cases of stalking or harassment. However, either type of order can be used in either situation, depending on the circumstances.
Protective Orders:
A protective order is similar to a restraining order in that it requires the abuser to stop all contact with the victim. However, a protective order goes further by prohibiting the abuser from having contact with the victim’s family or friends. In addition, a protective order may grant temporary victim custody of any children involved in the domestic violence situation.
It is important to note that both restraining and protective orders are civil orders, not criminal ones. If the abuser violates either type of order, they will not be automatically arrested. Instead, the victim will need to file a complaint with the police for charges to be filed.
How are Restraining and Protective orders similar?
- Both a restraining and protective order require the other party not to come near you or try to contact you or any other person needing protection.
- They both require the other party to stay away from your place of work, home or anywhere else stated in the order.
- Both require the other person to leave a shared residence.
If you are a victim of domestic violence, it is important to know that options are available to help you stay safe. If you feel like you are in immediate danger, call 911. You can also contact your local domestic violence hotline for more information on your state’s restraining and protective orders.
