Is a Restraining Order Civil or Criminal?
When it comes to legal orders intended to protect individuals from harm or harassment, there is often confusion about the nature of the order itself. A restraining order, also known as a protective order, is typically a type of civil order. In this article, we will explore the distinction between civil and criminal restraining orders, their similarities and differences, and provide guidance on when each might be appropriate.
Defining Civil and Criminal Proceedings
Before delving into the specifics of restraining orders, it’s essential to understand the basic differences between civil and criminal proceedings:
- Civil proceedings: These involve disputes between two or more individuals, companies, or entities, seeking relief or damages. Examples include lawsuits, divorces, and debt collection. The primary goal is to resolve the dispute and prevent future harm or injury.
- Criminal proceedings: These involve the state or government charging an individual with a violation of the law, seeking punishment for a criminal act. The primary goal is to impose punishment and maintain public safety.
Types of Restraining Orders
There are several types of restraining orders, including:
- Domestic violence restraining order (DVRO): Issued to protect a victim of domestic violence or abuse from their intimate partner, family member, or household member.
- Stalking restraining order (SRO): Issued to protect a person from harassment or stalking by another individual.
- Civil harassment restraining order (CHRO): Issued to protect a person from harassment or abuse by someone who is not an intimate partner or family member.
Restraining Orders as Civil Orders
When a restraining order is granted, it is typically considered a civil order, as it aims to address a civil dispute or protection issue. These orders can:
- Prohibit an individual from contacting or coming near the protected person (e.g., no trespassing, no communication, or no threats)
- Require an individual to refrain from certain behaviors (e.g., no harassment, no stalking, or no violent behavior)
- Order one party to maintain a safe distance from the other
Key Differences between Civil and Criminal Restraining Orders
While both types of restraining orders share the common goal of protecting individuals from harm, there are key differences:
- Authority: Civil restraining orders are issued by a court with jurisdiction over civil matters, whereas criminal restraining orders (e.g., domestic violence restraining orders) may be issued by a court with jurisdiction over criminal matters, such as a family or criminal court.
- Punishment: Criminal restraining orders may carry criminal penalties, such as imprisonment, fines, or both, whereas civil restraining orders typically do not impose criminal penalties.
- Procedures: Civil restraining order proceedings often follow a simpler, less formal process, whereas criminal restraining order proceedings may involve a more rigorous process, including evidentiary hearings and potential criminal convictions.
Table: Comparing Civil and Criminal Restraining Orders
| Characteristic | Civil Restraining Order | Criminal Restraining Order |
|---|---|---|
| Authority | Issued by a civil court | Issued by a criminal or family court |
| Punishment | Typically none or fines | Potential imprisonment and fines |
| Procedures | Simpler, less formal process | More rigorous process, including evidentiary hearings |
| Goal | Protect individuals from harm and prevent future violence | Seek punishment and maintain public safety |
When to Choose a Civil or Criminal Restraining Order
In situations where an individual is in immediate danger, a criminal restraining order might be more appropriate. In cases where an individual has been subjected to repeated harassment or abuse, a civil restraining order may be more effective in addressing the issue.
- Seeking protection from an abusive partner: A domestic violence restraining order (DVRO) may be the appropriate choice, as it provides the victim with a more streamlined process and the potential for criminal penalties.
- Protecting against harassment or stalking: A stalking restraining order (SRO) or civil harassment restraining order (CHRO) might be more suitable, as these orders focus on specific behaviors and are less focused on criminal punishment.
Conclusion
In summary, restraining orders are typically considered civil orders, as they aim to address civil disputes and protection issues. While there are similarities between civil and criminal restraining orders, key differences in authority, punishment, and procedures exist. When seeking a restraining order, it is essential to understand the context and goals of the specific situation to choose the appropriate type of order. Whether seeking protection from domestic violence, harassment, or abuse, a well-informed approach can help individuals gain the necessary legal protections and relief.
