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What is the Difference Between a Protective Order and a Restraining Order?

Posted by Michael G. Butash | May 14, 2019 | 0 Comments

When someone is having trouble with another individual in their life, and they would like it better if they were not around or trying to contact them, they may be looking into a protective order. Land O' Lakes residents might think that this sounds a lot like a restraining order someone would get. This leads them to ask themselves, what is the difference between a protective order and a restraining order? Regardless less of what you want to call it, a restraining order is the same thing as a protective order.

What is the purpose of a Protective Order?

A protective order is not something that anyone can get if they would rather not deal with an individual, or have any form of contact with them. With a protective order, Land O' Lakes residents will often have to prove that they are under physical or psychological distress in order for a court to issue that kind of order. More often than not an individual no longer feels safe with their partner, or they fear for the safety of their kids. Even empty threats are enough to convince a judge that a protective order may be necessary depending on the circumstances and repeating offenses.

Does a Protective Order Do More than a Restraining Order?

Some individuals might be under the impression that there has to be some difference between a protective order and a restraining order because they have two different names, but this is not true. Regardless if it is a restraining order or a protective order, Land O' Lakes residents who have one will have limited or no contact with another individual. As with a restraining order, Legal ramifications could happen if an individual violates the conditions of the protective order, such as by making contact with the individual.

*Disclaimer: The views expressed here are those of the authors and do not necessarily represent or reflect the views of Butash Law Group*

About the Author

Michael G. Butash

Michael G. Butash Stetson University College of Law Florida State University Former State Prosecutor Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit (Pinellas/...

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