What is the difference between a civil and a criminal restraining order?

In Massachusetts, there are two different types of restraining orders when it comes to domestic abuse: civil and criminal. The difference between the two types of restraining orders lies in their purpose and who is responsible for issuing them. A criminal restraining order is issued by a judge or magistrate in criminal court, and it is issued as part of a criminal conviction or plea bargain. This type of restraining order is necessary to protect the alleged victim from further abuse or violence. It also prevents the defendant from contacting the alleged victim or going to their residence, workplace, or other specified areas. On the other hand, a civil restraining order is requested by the alleged victim and is issued by a judge in civil court. In this type of restraining order, the defendant is not necessarily criminally convicted, but the judge may still grant the restraining order if they find that the defendant poses a threat of harm to the alleged victim. This type of restraining order is also able to be requested without having to appear in court, by filing a petition with the court. In conclusion, the difference between a criminal and civil restraining order is that the former is issued as part of a criminal conviction or plea bargain, while the latter is requested by the alleged victim and is issued by a judge in civil court. Both restraining orders are designed to protect the victim from further abuse or violence.

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What is the difference between a civil and a criminal restraining order?

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