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

A civil restraining order and a criminal restraining order are two separate legal documents that serve different purposes when used in cases of domestic abuse in South Carolina. A civil restraining order, also known as a protective order, is an order issued by a court to protect an individual or family from abuse or harassment. These orders can direct the abuser to stay away from the protected person, as well as place restrictions on how the abuser can communicate with and have contact with them. A civil restraining order can be in effect for 6 months to 2 years, and can be extended if necessary. A criminal restraining order, on the other hand, is a court order that is put in place after a criminal charge has been filed against an offender. This type of order is usually longer-lasting, and can contain more severe restrictions on the offender’s behavior, such as forbidding the offender from owning or possessing a firearm, or having any contact with the victim. These orders are designed to protect the victim from further harm by the offender and can last for up to 5 years. Criminal restraining orders are enforced by law enforcement, while civil restraining orders are enforced by the court. Therefore, if a violation of a criminal restraining order occurs it is likely that the offender will face criminal penalties, including possible time in jail. Whereas if a violation of a civil restraining order takes place, the offender can be found in contempt of court, which may also result in jail time.

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

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