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

A restraining order and an order of protection are two different court orders that can provide protections to individuals who have experienced domestic abuse in Vermont. A restraining order is issued in situations where the court finds that there is an immediate threat of harm or abuse. The order prevents the abuser from being in close proximity or making any contact with the victim, and may also set certain specific rules like prohibiting the abuser from entering the victim’s home or workplace. A restraining order is typically issued to ensure the safety of the victim until a full hearing can take place. An order of protection is a more formal court order, usually issued after a full hearing. This order has much of the same provisions as a restraining order, but it is more long-term and can also include restrictions like prohibiting the abuser from possessing firearms or forcing them to leave the shared home. An order of protection lasts until the court revokes it or the terms of the order are met. In Vermont, both types of orders can be requested by law enforcement or applied for directly by the victim at a district or family court. The court may also include additional protections, such as ordering mental health counseling for the abuser or granting temporary custody of children to the victim. Both restraining orders and orders of protection can be very effective tools for providing protection to victims of domestic abuse in Vermont.

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