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  • Aug 12th, 2019

    Is a Protection Order Different than a Restraining Order?

    Family Law

    Is there a difference between a protection order and a restraining order?

    Put simply, no. A Protection Order IS a Restraining Order.

    A Child Order of Protection IS a restraining order for your children. These terms are interchangeable, but in Missouri, we call them Protection Orders.

    And if you get one against you, there can be serious consequences.

    Respondent vs Petitioner protection orders

    I have pages on this website and videos devoted to both the people who are trying to get a Protection Order against someone (known as the “Petitioner”), and pages and videos for those who are on the receiving end of a Petition for an Order of Protection (the “Respondent”).

    I strongly suggest you look at those pages and get some idea of what you are walking into and come in with as much information as possible (or better yet, with an experienced attorney).

    What should I get a restraining order?

    If you are being abused, harassed, or stalked, protection orders are wonderful tools.

    You can get them quickly, and if there is a serious threat, you can get what is called an “Ex Parte Order of Protection”.

    This means you leave the Court with an Order that is in effect as soon as the Respondent is served with the Order.

    However, oftentimes these types of Petitions are being abused.

    Sometimes it is used to harass the Respondent.

    Other times it is used to try and get an advantage in a custody or divorce case (note: if there is a custody order in place, you cannot get one for the children in that case; talk with an attorney to discuss your next steps).

    The main thing you need to know is that these are serious legal matters, and you need to have an attorney with you when going to these hearings.

    Evidence is submitted. Testimony is heard. Decisions are made.

    Orders are ordered. If you cannot afford an attorney, get educated on the process, the laws, and pray the other person doesn’t show up with an attorney.

    Haefner Law Office specializes as protection order attorneys in St. Louis, Missouri. If you feel you may need a restraining order or wish to fight one currently set in place against you, contact us to schedule a free consultation.