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

In Tennessee, there are two kinds of restraining orders available: civil and criminal. A civil restraining order is issued by a civil court and is meant to protect a victim of domestic abuse from further harm. This kind of restraining order requires a court hearing where the victim has the opportunity to explain why a restraining order should be issued. After hearing both the victim and the abuser’s cases, the court may decide to grant or deny the restraining order. If granted, the court will determine the terms of the restraining order, such as restraining the abuser from going within a certain distance of the victim, refraining from contact with the victim, and potentially paying child or spousal support. A criminal restraining order is secured through the criminal court system. In order for a criminal restraining order to be granted, the abuser must have been arrested and the crime must have been domestic violence-related. The criminal court generally does not review the merits of the case and grants a restraining order automatically. This restraining order is meant to protect the victim and will usually require the abuser to stay away from the victim, cease all communication, and possibly pay fines or attend anger management classes. Overall, a civil restraining order evaluates the merits of the case and the terms of the restraining order, while a criminal restraining order is an automatic punishment for the abuser that does not require a court to review the case in order to grant the restraining order.

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

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