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

The difference between a civil and a criminal restraining order in New York is important to understand. A civil restraining order is an order issued by a court to protect someone from being abused, stalked, or harassed. This type of restraining order is typically sought by a victim of domestic abuse, and it requires the abuser to stay away from the victim and refrain from contact. It can also restrict access to the victim’s residence or place of employment. A criminal restraining order is an order issued by a court after someone has been arrested for domestic abuse or harassment. This type of restraining order is typically imposed by a judge at sentencing. It usually requires the abuser to stay away from the victim and refrain from contact, and can also include surveillance or other restrictions. In New York, criminal restraining orders are stronger and last longer than civil restraining orders. A criminal restraining order does not require the victim to take any specific action, while a civil restraining order requires the victim to file a petition in court and prove the abuser has been stalking, harassing, or abusing them. Additionally, criminal restraining orders can be enforced more quickly and are more likely to be enforced.

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