What Is a Protective Order? What Is a Restraining Order? When Are They Commonly Used?
You’ve been a victim of domestic violence or someone has been stalking you, showing up at your home, workplace, or other places you frequent. You know that you can enlist the power of the courts to protect yourself, but how does that work? Do you need a protective order or a restraining order? Are they the same thing?
What Is a Protective Order?
As the name suggests, a protective order is typically issued by a court when there is sufficient evidence of a “clear and present” danger or risk of violence from an abuser or other threatening party. Often, the danger involves family or other close interpersonal relationships.
The goal of a protective order is to promote the safety of the victim by legally prohibiting contact by the abuser or other threatening party. The types of actions banned by a protective order can be far-ranging, but commonly include:
- Actual physical abuse or threats of physical abuse, whether in person, by phone, or through some other form of communication
- Contact with or attempts to contact you, your family members, persons in your household, your employer, or others with whom you have regular contact
- Possession of certain types of weapons, usually firearms
- Coming within a certain distance of you, your family, your home, your place of employment, or your children’s school or daycare
A protective order is typically issued by a criminal court.
What Is a Restraining Order?
A restraining order has some similarities to a protective order but can also be used in other contexts. While a person may obtain a restraining order to prohibit another person from contacting them or coming into proximity with them, a restraining order may also be used for other purposes.
A restraining order generally involves a civil dispute or proceeding. Examples of the use of a restraining order that don’t involve stalking, harassment, or threats of violence include:
- Business conflicts, where a court restrains one party from engaging in actions that are detrimental to another party, such as interference with a contractual relationship
- Property disputes, where the court prohibits a party from using or altering property
- Defamation cases, where the court orders a party to refrain from actions that constitute libel or slander
Restraining Order or Protective Order—Which Should You Seek?
The specific type of order you want will depend on the circumstances of your situation:
- When to apply for a restraining order—If you’re engaged in any type of civil dispute, such as breach of contract, property line dispute, or wrongful discharge, and you want to stop the actions of another party, then you need a restraining order. In addition, if you’ve been harassed by a coworker or acquaintance, or stalked by someone other than a family member or intimate partner, a restraining order is more appropriate.
- When to seek a protective order—If you’ve been the victim of domestic violence or abuse, or if a family member or intimate partner has made threats of physical or emotional harm to you, your children, or other close family members, you want to go to the criminal court to get a protective order. Protective orders are also common in child custody matters where the safety of minor children is in jeopardy.