What is the difference between a civil and a criminal restraining order?
In Pennsylvania, a civil restraining order and a criminal restraining order are similar in that they are both court orders designed to protect a person from domestic abuse and/or from further abuse. The main difference between the two types of restraining orders is how they are established. A civil restraining order is established through the filing of a petition in family court. The petitioner (the person seeking protection) must show that they have suffered or are in imminent danger of suffering domestic abuse, and must provide evidence to back up the claim. This type of restraining order is typically ordered to protect a specific person or persons and can be modified or revoked at any time. A criminal restraining order, on the other hand, is issued by a criminal court and is not typically ordered to protect a specific person or persons. Instead, it is issued when someone is charged with a domestic abuse crime, such as assault. This type of restraining order is ordered to ensure that the abuser does not commit any more criminal acts and remain away from the victim. Unlike civil restraining orders, criminal restraining orders cannot be modified or revoked and must be followed for the duration of the order. Overall, the main difference between a civil and a criminal restraining order is how each is established, and the consequences for violating them. Civil restraining orders are established through the family court, while criminal restraining orders are issued by a criminal court. A criminal restraining order cannot be modified or revoked, while a civil restraining order can. It is important to remember that violating either type of restraining order is a serious crime and could lead to jail time, fines, or both.
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