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Restraining Orders

Criminal v Civil RO

Generally, a person may be able to get a restraining order through the criminal court, after an arrest has been made, or, through the civil court, by filing a petition. It is possible to have both a criminal and civil restraining order, meaning a person can file for a civil restraining order while a criminal order is in place, or after a criminal order has been dropped or denied. You can learn more about this in our Court System Basics section.

Criminal Restraining Order:

If an abuser has been arrested, a criminal restraining order may be requested by the prosecutor in the case. The terms of the order, how long it lasts, etc., are requested by the prosecutor will go into effect if approved by the judge. The victim might be able to let the judge know if s/he wants a restraining order or not, and if there are any special provisions that are necessary. If the criminal case is dropped or the abuser is found not guilty, then the restraining order is usually dropped as well. The restraining order might also be dropped as part of a plea deal that the prosecutor makes with the defendant. The victim often has little say as to what happens with the criminal restraining order.

Civil Restraining Order:

A civil restraining order, on the other hand, is usually started by the person who has been abused and they have some control over the process. A civil restraining order is usually started when the victim files a petition in court asking the judge to grant a protection order (known as the “petitioner”). The petitioner is able to ask for specific protections and provisions in the order that are specific to that situation. It would be up to the judge to decide if the order should be granted and whether the provisions that the petitioner requests are appropriate given the situation. Generally, the petitioner also has the ability to request that the restraining order be dropped or modified as the situation changes. For more information about restraining orders, what qualifies, and the process to get one, please see our Restraining Orders section.

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