What is the difference between a restraining order and an injunction?

A restraining order and an injunction are both court orders that prevent one party from engaging in certain behavior, but there are key differences between the two. A restraining order, also known as a protective order, is specifically designed to protect a person from abuse, stalking, harassment, or similar threats. This type of order is issued to protect someone from harm or potential harm. An injunction is broader and is granted to prevent a certain action or behavior that a court deems to be unlawful. It is most often sought to prevent a person from engaging in an activity that could cause harm to another person or business. For example, an injunction may be issued to prevent a business from engaging in false advertising or from releasing confidential information. In North Carolina, any person can obtain a restraining order for protection from abuse, harassment, stalking, or other similar threats. However, to obtain an injunction, the person or business requesting it must prove to the court that irreparable harm will come to them if the other party is not stopped from engaging in the activity. An injunction can be requested by either party in a dispute and can last for an unlimited amount of time, depending on the court’s ruling. In summary, a restraining order is designed to protect someone from harm while an injunction is used to prevent a person or business from engaging in an unlawful activity. Both are court orders, but the process for obtaining each is different and the scope of protection and duration of the orders are also different.

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