Is a Protection Order Different than a Restraining Order?

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.

What is a restraining order?

A restraining order is a legal decree issued by a court to protect an individual from harassment or threats by another person. Typically, the person asking for the order, known as the petitioner, requests protection from someone they fear might pose a danger to them. This order can restrict the abuser from contacting or approaching the victim.

It’s vital to note that restraining orders aren’t limited to personal relationships; they can also be used in cases involving harassment by strangers or acquaintances. When you file a Protection Order it acts as a legal tool to ensure your safety and peace of mind.

Grounds for a Protection Order

Like all laws, the laws surrounding protection orders vary from state to state. There are, in most cases, many similarities when it comes to requirements and the process of obtaining a restraining order. Some of the most frequently stated grounds for a protection order include:

• Domestic Violence: In Missouri, a restraining order can be issued if there is evidence of physical harm, fear of physical harm, or past incidents of domestic violence by a family member or someone in the household.
• Stalking: This includes situations where the victim is being followed or harassed to the point where they fear for their safety. A pattern of behavior will need to be demonstrated.
• Sexual Assault: Victims of sexual assault can seek a restraining order against the perpetrator to prevent any further contact or threat.
• Cohabitation and Dating Relationships: Even without a formal relationship status, individuals who have shared a residence or who are in a dating relationship can seek protection against abuse or threats.
• Child Custody or Dependency Cases: When a child is involved, and there are concerns of abuse or harm, a restraining order can be sought as part of custody or child protection proceedings.

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).

When 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.