Published On: September 16, 2022Categories: DUI, DUI Lawyer, OVI, OVI Lawyer

If you are worried your spouse will harm you or your children or are afraid of being stalked or hurt by someone else, there are ways the legal system can help. For one, filing a restraining order or a civil protection order can place a legally binding agreement that a specific individual maintains their distance from you and the locations you frequently visit.

Understanding the difference between a restraining order and a civil protection order can be the key that helps you find a way out of your domestic violence, abuse, or harassment situation. In troubling or uncertain times, planning for your safety is crucial for the protection and well-being of you and your family.

What is a Restraining Order?

Restraining orders are wide-ranging legal orders and apply mainly to intimate partners you have lived with. These orders can help prevent one person’s harm to another and provide protection and resolutions for victims of abuse and domestic violence.

In issues dealing with family law matters such as divorce, legal separation, or domestic violence, a restraining order may be necessary to allow victims to lead safer lives and remain undisturbed by their abuser. While this order cuts off all forms of communication between the victim and the abuser, the court can also make provisions for the victim such as dictating the abuser give up property to the victim or contribute to the victim’s housing costs.

Depending on the situation, a restraining order may be permanent or temporary. If children are involved, the victim may be awarded full custody and establish a visitation schedule. Should any of the stated terms and requests be violated, the abuser will face penalties in the form of criminal charges.

What is a Civil Protection Order?

A civil protection order deals with matters involving stalking, abuse, and harassment of an individual – including children – by a family member, boyfriend or girlfriend, or anyone who showcases alarming or dangerous behavior toward the victim in question. Unlike restraining orders, it does not limit who the abuser might be.

While restraining orders protect people and property, a civil protection order focuses mainly on people. The aim is therefore to prevent the abuser from contacting and harming the victim, as well as ordering the abuser to obey conditions and maintain peaceful behavior without any threat to the victim.

Currently, there exist six different kinds of protection orders: 

  • Anti Harassment
  • Domestic violence
  • Extreme risk
  • Sexual assault
  • Stalking
  • Vulnerable adult

If you experience any of these situations, filing a civil protection order with the help of a qualified criminal defense attorney may benefit you.

How Can the Legal System Help You?

Going through a troubling situation should never be done alone, which is why hiring a legal team is necessary for your safety and peace of mind. If you are in need of a criminal defense attorney, we are here to represent you in times of crisis.

At The Martinez Firm, our attorneys specialize in getting you the legal assistance you deserve. For more information on filing restraining orders or civil protection orders, please contact us at 216-875-5555, or visit our website to learn more information.