Tuesday, August 4, 2009

Difference between a restraining order and a protective order?


Answers:
A restraining order is like an injunction ordering someone not to do a certain thing. It is a type of protective order.

Protective orders include restraining orders but also include general orders directing parties in law suits to do or not do a particular act, or do it in a different way or at a different time.
No difference,just different wording.
none they are both useless.
A restraining order is civil and a protective order is criminal. For example, if you have a restraining order, you can call the police, but in order to have the person incarcerated, you actually have to go to court. With a protective order, the police can arrest on sight when the order is violated.
THERES NONE ITS THE SAME EXACT THING
A restraining order is issued by the Court and is enforceable through the court. In other words, you have to go back to court and make a complaint concerning a violation of the order if it is broken, and the judge can issue a warrant for arrest and fine or jail the restricted party.
A protective order is also issued by the court, but is more restrictive and is issued when there is a credible threat of harm, or a history of assaultive behavior. The police can enforce these orders by arresting the restricted party when they break the conditions of the order. This is all according to the way the law reads in my state. It may be different where you live, but in general that is the difference.
Well I see you have already got a few different answers and that is because things are different in different states. Many people and places would use these two terms to mean the same exact thing as some have said, but like others have said there can be a difference.

In my state it is kind of a mixture. What I mean it that either term can be used to mean either of the two types of orders that we have here. To better explain what we have here I would refer to our different orders as "protection from harassment orders" and "protection from abuse orders" either of which could be called a restraining order or a protective order.

The harassment order can be obtained by anyone against anyone if they can show that they are being harassed or threatened by this person and the court believes they should be protected. An abuse order can only be obtained in cases of physical abuse or threats of physical abuse and generally only between family members (or boyfriend/girlfriend).

A violation of either of these is a criminal offense here and can result in immediate arrest by the police but apparently in other states violation of their equivalent of our "harassment orders" are only civil violations.

So as you can see it depends upon the location, they mean the same thing to some but different to others. Hope this helps.
Basically the same,just remember a piece of paper will not protect you.It just affords you protection provided they get there in time for you.

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