The Difference Between an Order of Protection and a Restraining Order

When your safety or that of your children is at stake, you would do anything to find that protection. Maybe you’re worried about a relative or former spouse taking action against you in some way. You want protection, but what’s the difference between an order of protection and a restraining order? 

At Chicago Trusted Attorneys™, we understand how difficult it can be to make the right decision for your safety. Luckily, a Chicago criminal defense lawyer from our firm can help you take the right steps to protect your safety, and the safety of your children. 

What Does an Order of Protection Do? 

An order of protection is geared toward those looking to keep someone away from them. For example, let’s say your former spouse hit you or your children, and they’re threatening violence against you again. You’re afraid of being hurt again, and the chances of abuse happening again are high. In these cases, you may need a protection order for your safety. 

Conversely, a restraining order isn’t typically used for violent situations. Restraining orders may be used through the Chicago courts to keep someone from doing something harmful to you. That usually means canceling an insurance policy, turning off utilities, and other nonviolent actions an angry spouse may take against a former spouse. 

Penalties for Violating an Order

Because restraining orders aren’t usually used in violent situations, the penalties for breaking a restraining order are also not as severe. The person in question can still be held in contempt of the court, though, and they could face extra fines for breaking Illinois law on restraining orders. 

Breaking a protective order may be more severe. Because they likely broke the protection order with the intent to harm you, they could be arrested and charged with a criminal offense. Typically, that means a misdemeanor charge, though the charges could be far more severe if they succeeded in harming you or your children. 

Talk to a Defense Attorney about Getting Protection

Whether you’re dealing with a difficult divorce, or if you’re afraid for your safety, it can be difficult to feel like you and your family are safe. You have enough to worry about with pending court cases and simply trying to get your affairs in order. 

Unfortunately, it’s hard to feel safe and focus on other things when you’re not sure of the difference between an order of protection and a restraining order. The difference matters, but it’s not easy to determine what you need, in some cases. 

That’s where your lawyer can step in. Talk to a Chicago defense attorney from Chicago Trusted Attorneys™ about how you’re at risk, and get the guidance you need to feel safe again. When you’re ready to talk about it, call 312-931-5411 or complete the following online contact form to set up an appointment with your attorney.