The use of legal protective orders has increased in recent years as a means of ensuring personal safety and security. However, the terminology surrounding these orders can often be confusing and overwhelming. That’s where we come in.In this guide, we will break down the key differences between separation and safety of a protective order vs restraining order. Read on.
What is a Protective Order?
A protective order is a legal decree issued by a court to safeguard an individual from:
- harassment
- abuse
- stalking
Typically, protective orders are sought in situations involving domestic violence. However, they can also apply to stalking and harassment cases outside of intimate relationships. Here are the types of protective orders.
Emergency Protective Order (EPO)
Issued immediately by law enforcement or a judge, an EPO provides temporary protection until a more permanent order can be put in place. It usually lasts a few days.
Temporary (Interim) Protective Order
This type of order is granted to provide protection while the court considers a longer-term solution. It generally lasts for a few weeks.
Final Protective Order
A final protective order is issued after a court hearing where both parties can present evidence. It can last up to several years, depending on the jurisdiction and circumstances.
How to Obtain a Protective Order
To obtain it, the petitioner (the person seeking protection) must file a petition with the court detailing the abuse or harassment. The court will review the petition and may issue a temporary order pending a full hearing. During the hearing, both the petitioner and the respondent (the person the order is against) can present evidence and testify.If the court finds sufficient evidence of abuse or harassment, it will issue a final protective order. It’s essential to consult a lawyer to learn more about a Protective Order.
What is a Restraining Order?
A restraining order is a broader term that encompasses various types of court orders designed to prevent someone from engaging in specific behaviors, such as:
While protective orders are a type of restraining order specifically aimed at preventing abuse or harassment, restraining orders can also apply to other contexts, such as:
- property disputes
- business conflicts
Types of Restraining Orders
First is the domestic violence restraining order (DVRO). Similar to a protective order, a DVRO is issued to protect individuals from abuse by a spouse, partner, or family member.Next is a civil harassment restraining order (CHRO). This type of restraining order is used to prevent harassment, stalking, or threats by someone who is not a close family member or intimate partner, such as a:
Lastly is workplace violence restraining order (WVRO). Employers can seek this order to protect employees from violence, threats, or harassment by someone in the workplace.
How to Obtain a Restraining Order
The process of obtaining a restraining order is similar to that of a protective order. The petitioner files a request with the court, outlining the reasons for seeking the order.The court may issue a temporary restraining order (TRO) pending a full hearing. During the hearing, both parties can present their case, and the court will decide whether to issue a more permanent order.
Learn the Difference Between Protective Order Vs Restraining Order Today
Understanding the distinctions between a protective order vs restraining order is crucial for ensuring safety and legal protection in situations of abuse or harassment. If you or someone you know needs such protection, consulting with a legal professional is essential. Taking the right Legal options can offer peace of mind and security.If you want to read more articles, visit our blog.
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