Understanding the difference between violating a Protective Order and a Restraining Order is crucial, especially when facing legal issues. While they may sound similar, their enforcement and consequences are very different.
Protective Order
A Protective Order is issued to protect a person and is criminally enforceable. It often prohibits an individual from contacting or approaching another person, their home, workplace, or children. Violating a protective order can result in immediate arrest and criminal charges.
- Emergency Protective Order – Issued after an arrest in cases involving family violence. It can last 30, 60, or 90 days and may restrict returning home without court approval.
- Temporary Protective Order – Provides temporary restrictions while awaiting a court hearing to contest the order.
- Two-Year Protective Order – Long-term restrictions that may include an affirmative finding of family violence, affecting child custody, firearm rights, and more.
Restraining Order
A Restraining Order, on the other hand, is civilly enforceable and primarily protects property or sets boundaries during legal disputes, such as divorce proceedings. Violating a restraining order results in civil penalties, such as fines, but does not lead to immediate arrest.
Violating a Protective Order is a criminal offense with severe legal and personal consequences, while violating a Restraining Order results in civil penalties. If you are facing either type of order, it is critical to seek legal counsel immediately.
Read more about Violating a protective order.
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