What's the difference between a protective order and a restraining order?
Category:
Police Department
| Protective Order (PO) | Restraining Order (RO) | |
| Issued by a judge in a criminal case after an arrest | Issued by a Family Court judge (civil court) | |
| A condition of the offender's release | Victim files an Application for Relief from Abuse form | |
| Offender, not the victim, is responsible for upholding the order | Ex parte (after hearing one side) order is immediately issued by a judge | |
| Offender, not the victim, is responsible for upholding the order | Victim must ensure that the offender is served with a notice of hearing at least 24 hours prior to the hearing date | |
| There is no cost to the victim | No court fees, but there is a Judicial Marshal fee to serve the judge's order and notice of hearing | |
| The order lasts as long as the court case, and the judge may modify or terminate it at any time without the victim's knowledge | The ex parte order lasts until the day of the hearing, which is within 14 days of the date of issuance and after service of the notice. At the hearing the judge can extend the order for six months with another possible six month extension. The order cannot expire without the victim's knowledge. | |
| Police are notified the day the order is issued | Police usually have a copy within 48 hours of issuance | |
| POs usually do not include custody orders | ROs may include orders for temporary custody and visitation |
Updated 7/14/2015 3:02 PM