When a person needs some type of legal protection against another person, divorce attorneys might have their clients file for either a protective order or a restraining order.
Though the terms are frequently used interchangeably, they are actually somewhat different.
Before filing for one or the other, divorce lawyers recommend learning about the differences and which type of order is suitable in different circumstances.
What Is A Restraining Order?
The simpler of the two orders is a restraining order, which is actually a civil order and not a criminal one.
Restraining orders are typically filed as a means of preventing a person from doing something such as damaging the property of someone that has sued them or preventing spouses from destroying property or evidence during a divorce.
Divorce law firms advise their clients that it is a directive on what people are not allowed to do while a court case is in progress and violation of the order can result in penalties assigned by the court.
What Is A Protective Order?
Protective orders, on the other hand, are those that protect the person that has filed the order by ruling that another specific person cannot go near them.
These orders when filed by divorce attorneys are granted when there is a clear and present risk of violence against a person such as sexual assault, domestic violence, or threats of violence from the other person.
They are commonly recommended by divorce lawyers when there is a potential for violence by a spouse and require the abusive spouse to stop threatening, stalking, harassing, or trying to make contact with the victimized spouse.
Violation of protection orders, since they are more serious, can result in the violator being charged with contempt of court or other criminal charges.
Protective orders can be issued for as long as two years and be re-issued if the threat of violence still exists.
Divorce Law Firms Decide Which Is The Correct Order to File
For their own protection, spouses working with a divorce law firm might be recommended to file a protective order if there is a threat of an ex-spouse being violent with them, their children, or family members.
A divorce lawyer may also recommend filing a restraining order to protect a divorce client’s evidence and even their bank account if their ex is likely to attempt to destroy that evidence, empty a bank account, or otherwise act in retaliation.
Let's Add This Up
Any spouse who feels that either of these orders might be necessary for them should speak to an experienced divorce attorney about their situation and then file the necessary protective paperwork.
Restraining and protective orders, although they are slightly different, can both be filed by divorce law firms for those who need legal protection when working through divorce cases or whenever they are at risk of some sort of violence against them.