Oftentimes, restraining orders are used interchangeably with protective orders. Perhaps the confusion in thinking they are the same arises from the few common denominators. Different states have different laws regarding restraining orders and protective orders. Depending on the state, you may also encounter different names used to mean the same order. For example, “Relief from Abuse orders” may be used to mean Restraining orders. It can also be termed as an order of protection. Your local process servers can help explain the difference.
Things in common
In the things in common below, the term, “the other person” is in reference to the person who gets served the documents by the process servers.
Restraining orders and protective orders have a few things in common:
- Both require the other party not to come near you or try to contact you or any other person in your life you may wish it to cover, for example, your children.
- Both require the other party not to come anywhere near your work, home, or any other place as pertained in the order.
- Both require the other person to vacate a shared residence
What makes them different?
To understand the implication of the restraining orders and protection orders, you have to know the penalties involved. When Bay Area process servers serve protection or restraining orders, the persons served may not understand the full implication of the order or they may choose to ignore it.
If restraining order servers present you with papers in a divorce case, for example, and you choose not to adhere to what is in the order, you may not be sent to jail, although the court may have the authority to do so. If you insist on repeatedly violating the order, you will attract felony charges.
If on the other hand a protection order is presented to you by the Bay Area process servers and you choose not to adhere to what it entails then you WILL face SERIOUS criminal charges. As long as the victim calls the police on you for violating the protective order, the police will take action, something that may not happen with a restraining order.
In both cases, the court will assess the violation and circumstances surrounding it before arriving at the solution. The violation of a protective order may be treated as a misdemeanor, a felony, or contempt of court.
Another difference is the conditions each may deal with. For example, a restraining order may deal with child custody issues, child support, property issues, or spousal support while a protection order will not.
What is a protective order?
A protective order protects victims in cases of domestic violence. They are put in place to protect the victim of domestic violence. The protective order served by Bay Area process servers may encompass the victim’s children, other family members, current partner, or roommates.
Protective orders have several provisions such as a “No contact provision”, a “move out provision”, and a “peaceful contact” provision. Whatever the provision though, a protective order is meant to keep an abuser away from the victim. In a peaceful contact, for example, if the victim and abuser have children, then this order may permit a peaceful interaction.
When you file a protective order, the police may help serve the papers depending on your state. Otherwise, you can make use of process servers.
Different types of provisions:
- No contact provision bans the abuser from making any contact with the victim. Examples of prohibited contacts include calling, texting, emailing, or stalking.
- Peaceful contacts provide for limited contact if there are children involved as long as it is done peacefully.
- Move out provisions require the abuser to pack up and vacate a shared premise.
- Counseling provision requires the abuser to honor a set schedule to get counseling related to the violence.
- Stay Away provision requires the abuser to maintain a certain distance at all times from the victim. For example, the order may require the abuser not to come within 500 meters of the victim.
- Firearms provision prohibits the abuser from carrying a firearm. The abuser may be required to surrender any firearms in their possession.
Restraining Order
A restraining order is meant to keep someone from doing something. It is meant to keep someone from doing things such as damaging property, withdrawing money from a joint account, selling any assets, or canceling insurance policies for a divorce case. It is meant to stop your partner from trying to hide any assets.
If you feel threatened or are a victim of abuse then you should file a restraining order. Bay Area process servers are here to help you serve the order to your abuser. It doesn’t matter if it is your child being bullied at school, your spouse abusing or threatening you, or if it is a stranger on social media harassing you, restraining order servers ensure that the abusers receive the documentation to stop the habit or face legal consequences.
Types of restraining orders served by restraining order servers:
- Domestic Violence Restraining Order (DVRO) which is set AFTER a domestic violence case has been concluded.
- Temporary Restraining Order (TRO) which is a temporary order that is issued while waiting for a court date to be set.
- Civil Harassment Orders are meant to protect a victim against someone that is not close to them for example that stalker on Facebook.
- Emergency Protective Orders (EPO) which are (5-7 days) given by law enforcement at the time of being called at the scene of domestic violence. The victim will then have to file for a long-term order.
- Dependent Adult Abuse Orders are in place to keep the elderly from being abused or threatened.
- Workplace Violence Prevention Restraining Orders which are put in place to protect workers from being violated or harassed while at work.
- Juvenile Restraining Orders which are put in place to protect the victim from a minor or juvenile. For example, if you are the parent of a child being bullied at school and you have sufficient evidence against the bully then you can file a Juvenile Restraining Order against the juvenile or minor who is the bully.
In case you need process servers, you can take a look at protectiveorder.com where competent Bay Area process servers and Restraining order servers are ready to serve the papers to your abuser.
