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Difference between Restraining Orders and Protection Orders

  1. Protection orders are their own type of case

Protection orders are part of special procedure proceedings that are outside of the civil rules where someone goes to court to ask for an order to be imposed and that is the whole cause of action. That is different than a restraining order.

  1. The court is part of, and in charge of issuing a restraining order while in a protection order, it’s the party filing it

If you are the victim in a crime, and the defendant in that crime has been charged in order to now have no contact with you, you have to explain to the court why you think the court order should be dropped and it’s up to the judge to decide. That’s very different than if you’re going to ask the court to put in an order. You’re the one that’s in charge.

  1. A restraining order is part of a larger action

A restraining order has to do with a different part of the civil procedure where if there’s a larger lawsuit. Restraining order prohibits things until the larger case is decided. While protection orders are much more limited.

  1. Burden of proof

In a protection order, the person seeking the order is obligated to how to court that they should get such an order.

By: MarkAdmin

By: MarkAdmin

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