A protective order is only available for people who have experienced dating or family violence and it can lead to criminal penalties (the Respondent/violator can be arrested) if violated. A restraining order can be ordered by a court for many different types of situations and only has civil penalties if violated.
If you are seeking a family violence Protective Order, the law requires that you prove family violence has occurred and family violence is likely to occur in the future. If you are seeking a stalking Protective Order, the law requires that you prove that there are reasonable grounds that you are the victim of stalking.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
In most cases, a Protective Order will last up to 2 years. There are some situations where a court can issue an order that lasts longer than 2 years. Although you may file these forms without having a lawyer, you are encouraged to get a lawyer to help you in this process.
Most restraining orders can order a person to not contact someone and stay away from them. Some restraining orders can include more protection, like order a person to move out, or include protections for your children or other family members.
They are typically filed with the court and entered into its public records system. Specific details within restraining orders may be redacted or sealed, especially if they involve sensitive information, minors, or cases where privacy is crucial for protecting individuals involved.
(DVROs) are requested through the Family Court, a civil court. A TRO is available when filing for a DVRO, and the court usually decides whether to grant the TRO (in whole or in part) or deny it on the day of filing. If granted, a TRO would usually provide protection until the hearing on the DVRO.