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

The difference between a restraining order and an order of protection in New York can be of considerable importance in domestic abuse cases. A restraining order is a type of legal document that helps a person protect themselves or their family from another person who has exhibited intimidating, threatening or harassing behavior. A restraining order may require the restrained person to stay away from the person filing the restraining order, their family, their home, and school. They may also be ordered to not contact them in any way – such as through text messages, emails, or phone calls. On the other hand, an Order of Protection is far more serious. It is an order issued by a court to protect the petitioner from physical or emotional harm, and/or to prevent disruption of the petitioner’s personal ties and work environment. An Order of Protection typically requires the restrained person to stay away from the petitioner, including their home, workplace, or school. The restrained person is prohibited from contacting or coming within a certain distance of the petitioner. In New York, an Order of Protection can be in place for up to five years. A restraining order, however, is typically temporary and is in effect until a hearing takes place or until another court order is issued. In short, a restraining order requires the restrained person from coming into contact or proximity with the petitioner, while an Order of Protection requires the restrained person to stay away from the petitioner and requires the restrained person to stay away from the petitioner’s residence and workplace for a designated period of time.

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

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