Orders of Protection and Restraining Orders

Orders of Protection and Restraining Orders are both for the purpose of keeping one individual away from another individual or protecting them. Restraining orders, however are for much simpler cases and do not cover as much as an order of protection. The following information will clear up any confusion about the two orders and what their purposes are.

What is a Restraining Order?

A restraining order may be used for a spouse, partner, family member or even a stranger. Basically, the entire purpose of getting a restraining order is for protection – because one person feels that he or she could possibly be in danger if they are around another individual. A restraining order is obtained through the court and is signed by a judge. Here are some of the rules which come along with a restraining order –

  • The restrained will stay away from the ‘victim,' the victim's home and work.
  • The restrained will avoid contact with the victim, including phone calls, messages or mail.
  • The restrained will not send gifts to the victim of any shape or form.
  • The restrained will not follow the victim and will remain a certain distance away from the victim.

If the restrained disregards the restraining order and continues to pursue the victim in any way, shape or form – he or she will be in violation of the court order and could face jail time.

What is an Order of Protection?

An order of protection is similar to a restraining order in that it often demands that the restrained stay a certain distance away from the victim, avoid calling or contacting the victim or sending gifts. However, an order of protection may go into further detail and include orders regarding possessions and children. Here are some elements which may be included in an order of protection –

  • Visitation regulations with children of the restrained and the victim.
  • Determination as to which party will control the assets such as the house, vehicles, property and bank accounts.
  • Orders for spousal support.
  • Requirements such as attending therapy or abuse programs.

Often times when a victim has been abused, rather than issuing a restraining order, the courts will issue an order of protection. Not only does this protect the victim to a certain extent, but makes the police aware that a situation is present should the need for police protection become imminent.

While these orders are a little different, they are both designed for the protection of individuals from the acts or behavior of another individual. For more information, or if you know someone that needs the protection of a restraining order, consult with an attorney in you area today.

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