Many people use the terms Protective Orders and Restraining Orders interchangeably. That’s understandable since the primary purpose of both is the same – protection.
But there are several key differences:
Court – Protective Orders are only issued in criminal court after someone has been arrested. Restraining Orders are issued in Family Court.
Duration of order – Protective Orders can last as long as the criminal case is pending. In some circumstances, a criminal court can modify or terminate it earlier. A Restraining Order can be in effect for up to six months. At the end of the of the six months, the judge can extend for an additional six months.
Custody of children – Protective Orders rarely include orders concerning custody of children. With a Restraining Order, the applicant (victim) can ask for immediate custody of children in common with the respondent (perpetrator). The Family Court also can design other orders for the protection of children and even pets.