What is the difference between a restraining order and an order of protection?

A restraining order and an order of protection are both legal documents that are used to address domestic abuse in Massachusetts and provide a measure of protection for the victim. A restraining order is issued by courts in civil court proceedings. This type of order usually prohibits an abuser from having any contact with their victim. It may also require them to move out of their shared home and may involve child support, if applicable. Restraining orders can also include orders to pay rent, pay bills, refrain from selling or transferring marital property, or require the abuser to seek substance abuse or mental health counseling. An order of protection is a restraining order that is issued by criminal courts in criminal proceedings. This type of order prohibits the abuser from having contact with the victim, and typically includes prohibitions on possessing a firearm and attending the victim’s school or workplace. It may also include conditions to keep the abuser away from the victim’s family, friends, and home. In both cases, an enforcement officer will be assigned to ensure that the order is being followed. If the abuser violates the order, they may face criminal charges, imprisonment, fines, or the revocation of their license. In summary, a restraining order is issued by civil courts in civil proceedings, while an order of protection is issued by criminal courts in criminal proceedings. Restraining orders typically involve no contact with the victim, while orders of protection may also involve prohibitions on possessing a firearm and attending certain places.

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