Tag Archive | Child support

Difference Between Restraining Order and Order of Protection

  1. Orders of Protection

    • A court issues orders of protection to victims of domestic violence. Orders demand that an abuser stop threatening, stalking or physically assaulting the victim. Orders often demand that an abuser also stop contacting the victim in any form, including in person, by phone or by mail.

    Restraining Orders

    • A restraining order is issued by a court to protect someone from threats or physical abuse. Restraining orders are different from orders of protection because restraining orders can also include provisions for property, child support, spousal maintenance and child custody when these are issues during a divorce or separation.

    How Long Orders are Good For

    • One difference between orders of protection and restraining orders is how long the orders last. Restraining orders are good for a period of time set by the court, determined on a case by case basis, usually at least six months, but sometimes for several years. Extensions are available, but must be requested and approved before the initial order expires. Orders of protection are in force for at least one year, but can be issued for longer durations as the court sees fit. Orders of protection can also be renewed upon request to the court.

    Penalties for Violation

    • The main difference between restraining orders and orders of protection is the penalties for violation. If an abuser violates a restraining order, he or she will only face a contempt charge and be required to pay a fine. However, if an abuser violates a protective order, criminal charges can be filed, ranging from a misdemeanor to a felony, depending upon the circumstances of the violation and the number of violations already against the abuser.

Order of Protection

 An order of protection (also called a restraining order) is an official legal document, signed by a judge, that is filed against a current or former family member or household member or other similar relationship. The order forces that individual to keep at a distance and is intended to prevent his or her abusive behavior toward you. Enforceable in court, it can be drafted to meet your specific needs as they apply to your situation.

How It Works
An order of protection can require the abuser to stay away from you and limit other forms of access; it can prevent the abuser from contacting you by phone, cell phone text messages, email, mail, fax, or third parties. It can force the abuser to move out of your home, give you exclusive use of your car, and award you temporary custody of your children along with child support, spousal support, and the continuation of insurance coverage.

If the order of protection is violated by the abuser – if he or she visits you at home, in the workplace, or anywhere else or makes phone calls, sends emails, or attempts to contact you, the abuser can be arrested and placed in jail.

How To Obtain One
To get an order of protection, you have several options. You can contact the state’s or district attorney or inform the police that you wish to apply for an order of protection. You can also go to the county in which you or your abuser resides, and ask the court clerk for “Order of Protection” forms which must be filled out.

After the paperwork is filed, a hearing date will be set (typically within 14 days) and you will be required to appear in court on that day. The hearing may take place either in family court or criminal court. The judge will ask you to prove that you have experienced abuse or been threatened with violence. Witnesses, police reports, hospital and physician reports, and evidence of physical abuse or assault are often necessary to convince the judge to issue an order of protection. Physical evidence of abuse such as injuries caused by abuse or photos that show past injuries, property damage or objects used in the assault will help make your case.

How It Protects You
The order of protection provides you an opportunity to define your safety needs. If children are involved, you can request custody and restrictions on visitation or ‘no contact’ orders. Whenever the abuser violates the terms of the order of protection, you should call the police.

Once you obtain one, it is imperative that you make multiple copies of the document. It is important that you carry a copy of your order protection at all times, particularly if you have children and there are custody and visitation limitations.