What are the major differences between a restraining order and a protective order?
What are the major differences between a restraining order and a protective order?
Under the law in most states, there is no difference between a protective order and a restraining order. The two terms are used interchangeably.
Is a protective order and a restraining order the same thing?
A protective order and a restraining order are both similar in that they are orders that must be signed and approved by the Court. They offer protection to people but are often used interchangeably.
What is the difference between a restraining order and a civil protection order?
A criminal protective order protects a victim of a crime from further and future harm or harassment by an aggressor, usually the defendant in a criminal case. A CPO supersedes any other type of civil restraining order issued by a family court judge or civil order.
Does a protection order stay on your record in South Africa?
Only once the final order is made, it will be permanent and can only be changed by applying to the courts. Any victim of domestic/gender-based violence is advised to first register a criminal case at their local police station. In doing so it supports the application for a protection order.
Can a protection order be appealed?
There are no costs involved in applying for a protection order, unless an attorney is used. Once a protection order is granted, it is valid until the victim withdraws it. If the perpetrator lodges an appeal, the order will continue to operate until it is cancelled by the appeal court.
What happens when a protective order is filed against you?
A violation of a restraining order will often result in arrest, and is a criminal offense. If there is a restraining order against you, but the person who filed the order repeatedly tries to have contact with you, you may go to court to ask the judge to vacate the restraining order.
How do I discharge a protection order?
If you’ve obtained a protection order, either you or the respondent can apply to the Family Court to have the order cancelled (“discharged”). The judge will only cancel the protection order if satisfied that it’s no longer needed for your protection.
How does order of protection affect divorce?
Orders of protection are designed to protect one party from abuse. However, they’re often used by women as a tool to get a leg up in their divorce case. By filing for an order of protection prior to filing for divorce, one party can gain an advantage regarding property division, child custody or child support.
Can I get a restraining order against my ex wife?
The only time that you should file is when your ex-partner behaved in a way that warrants a restraining order. If you lie about your reasons for getting a restraining order against your ex, you could be the one who it hurts. Your partner can dispute the order.
