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Protective order is an order that prevents the disclosure of certain information under certain circumstances. A party cannot use discovery rights just to harass or annoy another party or an outside witness.
Domestic violence may be classified as a misdemeanor when it involves a party who uses, attempts to use, or threatens to use physical force against another member of their household. Misdemeanor charges are usually the result of an assault or battery crime.
Practically, the most important distinction between a civil protection order and a criminal charge is the fact one is a civil case and the other is a criminal case.There may be instances where there is criminal conduct but it does not necessarily fall under a civil protection order.
1. civil order - the form of government of a social organization. polity. order - established customary state (especially of society); "order ruled in the streets"; "law and order" Based on WordNet 3.0, Farlex clipart collection.
A restraining order filed in a lawsuit is not enforceable by the police. It is a civil matter and must be enforced through civil proceedings. At times, the police may come out when called upon a violation of a restraining order, but they are not in a position to force the parties to obey the order or to arrest anyone.
Protective orders are used in litigation to protect a party's propriety or confidential information from being disclosed to the public. Often, parties agree on the terms of the order and submit a stipulated protective order for entry by the court.
A motion for protective order refers to a party's request that the court protect it from potentially abusive action by the other party. Such a request is often made in relation to discovery, as when one party seeks discovery of the other party's trade secrets.