Most people have probably heard of restraining and protective orders. However, what many people do not realize is that these two orders are not the same thing. Although the names are sometimes used interchangeably, and the orders themselves can sometimes have similar effects, they are actually two different actions taken by courts. Restraining and protective orders sometimes overlap depending on what kind of case you have. However, they tend to apply to different behaviors under different circumstances.
Restraining orders are attached to existing legal proceedings, like a divorce or child custody hearing. On the other hand, protective orders are independent legal mechanisms that can be imposed as standalone orders or as part of existing cases. Additionally, the behaviors restricted by these orders are different. Protective orders seek to shield alleged victims from future violence, while restraining orders can apply to a wide variety of non-violent actions. An attorney can help you challenge an order imposed against you.
Depending on what kind of case you have, you might be restricted by one of these orders. Our Utah violation of protective order attorneys can help you determine the best way to fight the order. Schedule a free, private legal consultation at Overson Law, PLLC. Call (801) 758-2287 to get started with our legal team.
The Difference Between Protective and Restraining Orders in Utah
One of the biggest differences between restraining and protective orders is how courts impose them. In general, restraining orders are not separate actions and only occur as part of an existing legal action. For example, a restraining order in a divorce case may prevent one spouse from selling the house before assets are equitably divided. The restraining order cannot exist if it is not imposed as part of a larger legal proceeding. The spouse cannot be prevented from selling the house if there is no existing divorce case.
Protective orders are different because they may be imposed as standalone orders not attached to any case or as part of an existing legal action. A person may request a protective order without filing any other type of legal action. For example, a person being stalked by an ex romantic partner can file a petition for a protective order that keeps the stalker away from them at all times. No other action, criminal or civil, needs to be taken against the alleged stalker. However, protective orders are common in criminal cases where the victim feels threatened by the defendant.
Another critical difference between these orders is the cases in which they are imposed. Restraining orders can be very broad and may restrict all kinds of behaviors. From contacting the other party to any other behavior that might affect the case, a restraining order can be applied. Protective orders apply mostly to violent or threatening behavior and seek to protect petitioners from future harm. Protective orders come up frequently in cases of domestic violence. The type of order you might be facing will determine our strategy for getting the order lifted or preventing it from being imposed.
To understand the difference more fully between protective and restraining orders, contact our Utah criminal defense lawyers.
In What Cases Are Protective and Restraining Orders Applied in Utah?
Protective orders most often come up in cases where a victim is faced with the threat of future harm from an alleged abuser. Protective orders are commonly imposed in criminal cases of domestic violence, although they may be imposed independently without any criminal charges being filed. Restraining orders are more common in civil cases where the behaviors of one or both parties need to be restricted to protect the integrity of the case. Restraining orders are less common in cases of violence where a protective order would be more appropriate.
You do not have to be convicted to have a protective order placed against you. However, we can challenge the other party’s reasoning and evidence to hopefully prevent the order or have it imposed in a more limited way.
While protective orders are more common in criminal cases, especially domestic violence cases, restraining orders are more often imposed in civil matters. For example, if two neighbors are engaged in a civil dispute over land, they may be subject to a restraining order that prevents them from building on the disputed land until the case is resolved.
Restraining orders are purely civil matters, while protective orders can carry criminal consequences. If someone violates a restraining order, the court will review their actions and possibly impose sanctions. These sanctions could be fines or simply a firm warning to cease the prohibited behavior. When protective orders are violated, the violating party could be criminally charged.
If you are unsure which kind of order applies in your case, contact our Park City criminal defense lawyers for guidance.
What Kind of Behavior Do Protective and Restraining Orders Inhibit in Utah?
The behaviors restricted by protective and restraining orders can sometimes overlap but are often quite different. Restraining orders are more general and can apply to a variety of behaviors. Protective orders are more tailored to violent behavior and are designed to prevent violence against victims. In either case, your freedoms will be restricted and you should challenge these orders with the help of an attorney.
Protective orders do not have to be attached to criminal cases to be imposed. When they are imposed, they are intended to prevent violent or threatening behavior. Protective orders are common in domestic violence situations, and petitioners for protective orders are often romantically linked to respondents.
Protective orders and restraining orders can sometimes overlap as they could both be used to prevent contact between the parties. However, the reasoning behind the orders is usually very different. Restraining orders might prevent contact between the parties to prevent them from tampering with the case or intimidating one another. Protective orders may prevent contact to stop one party from physically attacking and harming the other.
Get in touch with our Sandy criminal defense lawyers to talk about how these orders can be applied in your case.
Call Our Utah Attorneys for Protective or Restraining Orders
Whether you are caught up in a criminal action or a civil case, a restraining order or protective order could be implemented. If you think your freedoms might be restricted by one of these orders, contact our Utah violation of protective order attorneys for assistance. Set up a free legal consultation at Overson Law, PLLC by calling (801) 758-2287.