Legal Help When Buying and Selling Property

Protective Orders Vs. Restraining Orders: Are They the Same?

21 May 2019 by Louise Boyd

In terms of various orders, you can request from an attorney or a court of law, you often hear protective order and restraining order being used interchangeably. Yet, are they really the same thing? It becomes a little confusing when you finally have the definitions of both, and understand the purposes of both. The following will help clarify what is what when it comes to these two legal documents. 

The Protective Order Service

A protective order is requested by a lawyer with the intent to protect a witness against lines of questioning or invasive procedures that can make the witness feel threatened or terrified about the events to which he/she is a witness. It is meant to protect the privacy and/or fragile state of mind of said witness in a trial. Many times, a protective order may be filed by a lawyer when the witness is a minor or someone who has witnessed a major crime that could result in the deaths of family members. Sometimes the protective order is a jump-off point for witness protection programs, depending on the severity of crimes the witness has seen or been party to. 

The Temporary Restraining Order Service (TRO or RO)

A restraining order also protects the person or persons named from harm. However, in this case, it is often used to protect victims of domestic violence, victims of abuse, and/or protect against threats of harm. Harassment by phone or electronic device as defined by local and state laws is included in TROs in some areas. The person filing the order or requesting the order is often the victim or person being threatened with harm, and the order goes out against the person named as the offending or threatening party. Because it protects those who have been harmed or might be harmed, it is regularly confused with a protective order, but the two really are not the same. 

Getting Either Document Served

A TRO is typically served by a sheriff's office or by a third party since you want zero contact with this person who either harmed you or is threatening to harm you. Serving the document yourself is not wise, considering that the offending party could cause you more harm if he/she is enraged about being served. The protective order is sent via court channels starting with your lawyer, so that is something you never have to worry about doing yourself, or securing an officer's or court processor's help.

If you think you need a protective order, contact services such as Roseline D. Feral Attorney at Law. They can ensure you have the right document for your case. 

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