What's the Difference Between a Protective Order vs. Restraining Order?

Courts issue protective orders and restraining orders to protect victims of domestic violence, dating violence, or stalking. The orders require that one person stay away from and not have contact with another person and their family. Someone who violates the terms of a protective order or restraining order could face criminal penalties.

Connecticut recognizes three types of restraining or protective orders:

• Civil Restraining Orders (“Relief From Abuse”)
• Civil Protective Orders
• Criminal Protective Orders

The different orders apply to different people in different situations. If a court has issued a protective order or restraining order against you, you should take the order seriously.

Because protective orders and restraining are similar, the terms “protective order” and “restraining order” are often used interchangeably. The terminology often overlaps, and judges, police departments, and prosecutors use and interpret them differently. But there are important differences between a protective order vs. restraining order, when, and how they are issued.

If a Civil Restraining Order, Civil Protective Order, or Criminal Protective Order was issued against you, The Lebedevitch Law Firm, LLC can analyze the terms of the order, help you make sense of what is happening, and, when necessary, fight to defend you against the order and any criminal charges that might arise.

Temporary vs. Permanent Restraining Orders

Connecticut judges can issue temporary or permanent restraining or protective orders.

A temporary (ex parte) restraining order is issued on the day the application is submitted. The request will generally be granted if the alleged victim claims they are in immediate and present danger. An ex parte order is issued without notice to the alleged abuser (the “respondent”), and the respondent is not present in court. When deciding whether to grant a temporary ex parte restraining order, the judger can consider:

• Any existing or prior orders of protection recorded in the protection order registry
• Information of prior or pending criminal cases in which the respondent was convicted or accused of a violent crime
• The respondent’s level of risk, based on a risk assessment tool used by the Court Support Services Division
• Information related to any past or pending family law cases between the respondent and the alleged victim

If the judge grants a temporary ex parte restraining order, the order can last until the court holds a hearing on a permanent restraining order, which must take place within 14 days. If the alleged victim claims the respondent has a permit or eligibility certificate to carry a pistol, revolver, long gun, or ammunition, or possesses a firearm or ammunition, the hearing must take place within 7 days.

A permanent restraining order can be issued after a court hearing in which the accuser and respondent both have a chance to explain their side of the story.

Civil Protective Order vs. Restraining Order

To obtain a civil restraining order or civil protective order, the Petitioner (the person requesting the order) submits a petition for relief from abuse against the Respondent (the person against whom the restraining order is being requested.

Civil Restraining Order (Relief from Abuse)

A Civil Restraining Order (“Relief from Abuse”) is issued by a Connecticut Family Court when a family or household member claims they have been subjected to continuous threats of physical pain or injury, stalking, or a pattern of threatening behavior. The judge can issue a Civil Restraining Order regardless of whether the respondent was arrested.

A civil restraining order can only be issued against a family or household member, which includes:

• Spouses or people who have a civil union
• Former spouses or people who were in a civil union
• People related by blood or marriage
• People not related by blood or marriage who lived together as intimate partners
• People who have a child in common
• People who have or recently had a dating relationship

Civil Protective Order

A Civil Protective Order is issued to protect victims of sexual abuse, sexual assault, or stalking who are not eligible for a Civil Restraining Order. An application for a Civil Protective Order is submitted to the Connecticut Superior Court. Like a Civil Restraining Order, a Civil Protective Order can be issued regardless of whether the respondent was arrested.

The key difference between a Civil Restraining Order and a Civil Protective Order is the relationship between the applicant and the respondent. Courts can issue a Civil Protective Order when the alleged victim does not fall into any of the categories for a Civil Restraining Order.

What Are the Penalties for Violating a Civil Protective Order?

Violating a Civil Restraining Order or a Civil Protective Order is a class D felony, punishable by up to five years in prison and a fine of up to $5,000.

Criminal Protective Orders

A criminal protective order is only issued when there is a criminal case. Once in place, a criminal protective order generally lasts until the criminal case is over.

Judges issue a criminal protective order when someone is an alleged victim of stalking or a victim of family abuse that led to the alleged abuser being arrested. A criminal protective order is often entered after someone has been arrested, particularly in criminal cases involving allegations of domestic violence. If you have been arrested on suspicion of domestic violence, the judge can issue a protective order that requires you to stay away from the alleged victim and their family and prevents you from visiting them at their home or place of employment.

Contesting a Protective Order or Restraining Order

If someone has filed for a Civil Protection Order or a Civil Restraining Order against you, you should consider consulting with an attorney. While a Civil Protective Order or Civil Restraining Order does not directly impact your freedom, it can prevent you from:

• Appearing in certain locations, even your own home
• Communicating with the Petitioner and other people covered by the protective order, including your children
• Possessing a gun

In addition, you could be arrested and charged with contempt of court for allegedly violating a protective order or restraining order and face potential fines and jail time for violating the terms of the order. Having a protective order or restraining order taken out against you could also be a factor in a divorce or child custody hearing.

If a court issues a Criminal Protective Order, your criminal defense attorney should address its terms as part of your criminal case.

How The Lebedevitch Law Firm, LLC, Can Help

If you were served with a Civil Restraining Order, a Civil Protective Order, or a Criminal Protective Order, read the entire order and obey its terms. Then contact The Lebedevitch Law Firm, LLC. Attorney Lebedevitch can analyze the terms of the order, help you make sense of what is happening, and, when necessary, fight to defend you against the order and any criminal charges that might arise.

Being named in a protective order should not be taken lightly. To give yourself the best chance of a successful result, contact The Lebedevitch Law Firm today to learn more about the differences between a protective order vs. restraining order.