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

In Virginia, a restraining order and an order of protection are both forms of legal action meant to protect victims of domestic abuse. However, they are two different types of legal documents with distinct purposes and requirements. A restraining order is a court order that requires an abusive person to stay away from the victim while prohibiting them from contacting the victim, either directly or indirectly. The court can also issue orders regarding custody and visitation of children, the payment of support or spousal support, and the use and possession of property. Restraining orders are temporary in nature, and they are typically issued for a specified period of time. An order of protection, also known as a protective order, is a civil order issued to prevent further acts of abuse. The court can impose any number of restrictions and requirements, including requiring the abuser to refrain from contacting the victim, ordering them to stay away from the victim’s home and workplace, and limiting the abuser’s access to firearms or other items potentially used for abuse. An order of protection is more permanent in nature and can remain in place for years. Overall, restraining orders and orders of protection can both help protect victims of domestic abuse in Virginia. However, they are two distinct types of legal documents and should only be pursued if appropriate.

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