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.
Related FAQs
What are the legal implications of breaking a restraining order?Are there any programs that offer free legal services to victims of domestic abuse?
What are the rights of victims of domestic abuse in the criminal justice system?
What laws protect victims of domestic abuse?
Is it possible to get a restraining order if the abuser lives in a different state?
Is there any way to avoid testifying in a domestic abuse case?
Are there any organizations that support victims of domestic abuse?
Are there laws specific to domestic abuse that vary by state?
What are the limitations of a restraining order?
Is it possible for a victim of domestic abuse to retain custody of their children?
Related Blog Posts
Understanding Domestic Abuse Law: What Every Victim Should Know - July 31, 2023How to File a Domestic Abuse Lawsuit: A Step-by-Step Guide - August 7, 2023
Domestic Abuse Laws: Are They Effective in Protecting Victims? - August 14, 2023
What Is the Punishment for Domestic Abuse Crimes? - August 21, 2023
The Different Types of Domestic Abuse Charges - August 28, 2023