What is the difference between a restraining order and a protective order?
Both orders command the respondent not to commit family violence. The major difference is the manner in which these orders are enforced in the event of a violation. The chief advantage of the protective order is that the respondent can be arrested immediately if he violates the order. In addition, the court can find him in contempt to the order and incarcerate the offender and order the payment of attorney’s fees and costs incurred. Violation of the restraining order requires the filing of a motion for contempt and a hearing to bring this matter to the curt’s attention.
The protective order stays in effect for two years and can be extended. The restraining order, if it is incorporated into the Final Decree of Divorce as a permanent injunction stays in effect unless later modified by the court.
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What is the difference between a restraining order and a protective order?