Protective Order vs. Restraining Order: What Are the Differences?
The number of civil lawsuits filed in U.S. district courts increased by 39%.
If you or a loved one falls victim to this type of behavior, there are a few things that you can do to help protect yourselves or your family and get the justice you deserve. You may still be confused about the protective order vs. restraining order. While they may sound very similar, there are just a few key differences you need to know to best protect yourself and your family.
Read on to learn more about comparing protective and restraining orders.
Defining Protective Order and Restraining Order
A protective order is often sought by people who have been victims of domestic violence, stalking, sexual assault, or harassment. It includes no contact, staying away, and cease communication orders. It can be an issue for various reasons, but they are most commonly used in domestic violence cases.
While a restraining order is a legal order issued by a court that requires one person to stop harming another person, the order can also need the person to stay away and have no contact with them. It is a crime to violate a restraining order.
Research to learn more about protective order defense if you need broader information about protective orders.
Protective Order vs. Restraining Order: The Differences
A restraining order is a severe court order that prevents one person from having contact with another. At the same time, a protective order is more stringent when the court believes there is a danger of physical harm or death. The main difference between the two is that a restraining order protects one person from another person, while a protective order protects a person from imminent harm.
The Process of Filing Between the Two
Filing a protective order begins by filling out a petition and then rubbing it with the court. The hearing will be set where both parties will have the opportunity to present their case.
If the judge finds that the individual has a valid reason for requesting a protective order, they will issue the order. The individual named in the protective order must comply with the order’s terms, which can include staying away from the protected individual, refraining from communication, and surrendering any firearms.
Go to your local courthouse and file a petition to file a restraining order. You must state why you request, followed by evidence to support your claims.
Once the petition is filed, the judge will review the case and decide whether or not to issue the restraining order. If the judge decides to give, it will be served to the person who is the subject of the order.
Have Knowledge of Legal Orders
A protective order and a restraining order are both legal orders that can offer protection from someone who is causing you harm. Protective orders are typically used when there is a threat of violence, while restraining orders are used when there is a threat of stalking, harassment, or other forms of abuse. In protective order vs. restraining order, which one is more needed?
If you find this useful, don’t forget to browse our site for advice on legal issues, family problems, health issues, and more.
