What are the major differences between a restraining order and a protective order?
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What are the major differences between a restraining order and a protective order?
Civil restraining orders are completely different from criminal protective orders. They are usually requested by individuals, not by law enforcement. A civil restraining order is granted by a family law judge or civil judge.
Is a restraining order and a protection order the same thing?
However, states call this protection order different things. For example, Illinois, New York and Texas call them protection orders or orders of protection, whereas California calls the same thing a restraining order, and Florida calls it an injunction for protection against domestic violence.
What happens if the victim violates the order of protection in Texas?
Violating a protective order can result in jail time and a fine. The fine cannot exceed $4,000, and the jail time cannot exceed one year for violating the order alone. If violating the order resulted in family violence, the defendant can be prosecuted with for a misdemeanor or felony with jail time of up to two years.
What do you do if someone violates a restraining order?
You should report any breach to the police. As well as being charged with breaching a protection order, the respondent can also be charged with any other crime they committed at the same time – for example, an assault.
