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When there is a threat to our safety, we depend on the law to protect us. This is why we have court orders to compel the other party to stop violent behaviors and stay away from us. But how exactly? It is through protective orders and restraining orders.
Although protective orders and restraining orders may seem similar, they have differences that you must take into account. Knowing these differences can help you determine the best course of action for your case.
What is a Protective Order?
A protective order is a legal tool designed to protect you from continued exposure to violence and abuse from someone you have a personal, domestic, or intimate relationship with. This includes intimate partners, spouses, family members, and even roommates. The protective order is typically for cases such as domestic abuse, sexual assault, threats of violence, or child custody issues.
To get a protective order, the victim must first file an application with the district or county court. It is highly recommended to hire a lawyer to help with the process. Once a temporary protective order has been granted, a hearing will be held to determine whether there is sufficient evidence of danger to warrant a permanent protective order.
What is a Restraining Order?
On the other hand, a restraining order is issued to prevent a person from contacting or coming near the complainant. It doesn’t necessarily have to be violent in nature; stalking, harassment, or unwanted contact can be prevented through a restraining order. A restraining order can be issued against a stranger or someone you know. Meaning, it could be your neighbor, a work colleague, a business partner, or a random person in your area.
To get a restraining order, the victim must file a petition requesting such with the court. Then, the judge will review the request and assess whether there is an existing harm and if it is necessary to grant the restraining order.
Key Differences: Protection Order vs Restraining Order
To help you better understand the difference between the two, here are the key differences that you should take note of:
| Protection Order | Restraining Order | |
| Who can I file it against? | A person you have a personal, close, domestic, or intimate relationship with. | A stranger, neighbor, colleague, or just someone you know. |
| What does it protect me from? | Domestic violence, sexual assault, threats of violence | Harassment, stalking, or unwanted contact |
| Who enforces it? | Law enforcement, Court | Court |
| What are the consequences when violated? | Criminal charges | Civil penalties |
When in Doubt, Get Help
The legal system can be confusing, if not overwhelming, and it is completely understandable. You don’t have to feel alone when it happens; always contact a lawyer when you need legal help. The Edgett Law Firm is here to help you. Call us at 972-424-0760 or go to edgettlawfirm.com/contact/
