Posted On: June 11, 2009 by Nicholas Adamucci

Restraining Order v. Protective Order

Generally, restraining orders are different than protective orders in that they are civil as opposed to criminal. In other words, normally one applies for a restraining order at the civil clerk's office. Thereafter, the civil court, upon sufficient evidence, then orders the restraining order. The penalties for a violation of the restraining order are civil penalties, as opposed to criminal consequences.

On the other hand, criminal protective orders typically apply in a family violence situation and are usually issued after an accused has been arrested for committing a family violence crime.
The penalty for violating the protective order is a criminal violation, as opposed to a civil penalty. Both essentially accomplish the same purpose, protecting a particular individual. However, the methods for obtaining either order and the consequences for violating the orders are different. As always, consult an attorney for further advice.