What is the Difference Between Restraining Order and Protective Order?

The main difference between a restraining order and a protective order lies in the context and purpose of each order. Here is a comparison of the two:

Restraining Order:

Restraining orders are typically used in civil cases to prevent someone from contacting or going near another party, their home, family, work, or children's school.
They are generally not associated with criminal cases and are almost always linked to civil case proceedings.
Restraining orders can be issued in various situations, not just in cases of family violence or abuse.

Protective Order:

Protective orders are usually associated with family violence, such as domestic abuse, sexual assault, or threats of violence.
They are granted when the court finds that there is a clear and present danger of violence or abuse.
Protective orders are designed to protect victims from abuse or continued contact that may lead to abuse.

In some states, the terms "restraining order" and "protective order" are used interchangeably, and the difference between them is minimal. However, it is essential to understand the specific context and purpose of each order in the jurisdiction where it is being sought or enforced.

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What is the Difference Between Restraining Order and Protective Order?

Comparative Table: Restraining Order vs Protective Order

Here is a table comparing the differences between a restraining order and a protective order:

Feature	Restraining Order	Protective Order
Purpose	Can be used for general civil purposes, often associated with family violence	Primarily used in criminal cases, often to protect victims from violence, stalking, or sexual abuse
Definition	A court order that restricts the actions of someone who has caused harm or threatens to cause harm	A court order that protects a victim from an abuser who has been violent or threatened to be violent
Contact	Restricts or prohibits contact between the parties involved	Requires the defendant to completely cut all contact with the protected person
Duration	Generally lasts until a specific court date or until modified by the court	Generally lasts two years but can be extended in certain situations
States	Restraining orders are most often associated with civil case proceedings	Protective orders are typically issued when you've been a victim of violence, stalking, or sexual abuse

While both restraining orders and protective orders are used to protect individuals from harm, they differ in their purpose, duration, and the situations in which they are applied.

Guilherme Mazui

Guilherme Mazui is graduated in journalism from the Federal University of Minas Gerais (UFMG) and a master's degree in Communication from the University of São Paulo (USP). In addition, he has experience in advertising writing and has worked as a content editor in several companies.