.2505301851012.jpg)
When Protection Orders Cross Into the Courtroom
When tensions rise—whether during a breakup, a family dispute, or after an arrest—things can escalate quickly. One party might seek legal protection, and suddenly you’re facing a restraining order or a protective order. These court orders are serious, and while they might seem similar, the legal impact on your life can vary significantly depending on whether it’s a civil or criminal case.
Understanding the differences between these two types of orders can help you figure out what you're really facing—and how to respond.
What Is a Civil Restraining Order?
It Starts Outside the Criminal Court System
A civil restraining order is usually filed by someone who says they feel threatened, harassed, or harmed—but it doesn’t always involve a crime. These are often used in cases of domestic disputes, stalking, or neighbor conflicts. The person filing (called the petitioner) doesn’t have to prove a crime happened—just that they feel unsafe or that your behavior is disturbing their peace.
Civil restraining orders can limit where you go, who you contact, and even whether you can see your kids. While they're civil in nature, violating them can lead to criminal consequences.
How It Impacts You
If a civil restraining order is granted, you may be ordered to stay away from the petitioner’s home, workplace, or school. You could also be barred from possessing firearms or having any contact—even through a third party.
Even though it’s not a criminal case, this kind of order can show up in background checks, affect custody battles, and hurt your reputation. That’s why it’s important not to ignore it or assume it’ll go away on its own.
What Is a Criminal Protective Order?
Issued During a Criminal Case
A criminal protective order (CPO) is issued by a judge as part of a criminal case—usually when someone is charged with domestic violence, assault, or harassment. The goal is to protect the alleged victim while the case moves forward.
These orders aren’t requested by the alleged victim—they’re filed by the prosecutor and ordered by the court. That means even if the other person wants to drop the case or “forgive” you, the order still stands until the judge changes it.
Conditions Are Often Stricter
CPOs are taken very seriously. They often require no contact at all—no texts, calls, or messages through friends. Violating a criminal protective order is itself a crime, and it can lead to arrest, jail time, or new charges on top of the original offense.
Judges may also issue stay-away orders or ban you from going home if the alleged victim lives there. In some cases, this can separate you from your children or make it difficult to see your family during the legal process.
Key Differences Between the Two
Civil vs. Criminal Intent
The biggest difference comes down to the type of case. A civil restraining order is part of a private legal action—often between two people with no criminal charges involved. A criminal protective order, on the other hand, is tied to a criminal case and enforced by the state.
Civil orders are typically requested by individuals. Criminal orders are requested by the prosecution.
Who Can Ask for What
In civil court, anyone who feels unsafe can ask the judge for a restraining order. In criminal court, the protective order is part of the criminal case and can’t be dropped just because the alleged victim changes their mind.
That makes criminal protective orders harder to challenge—and more dangerous to ignore.
The Legal Risks of Violating Either
Don’t Assume It’s No Big Deal
Whether it’s civil or criminal, violating any type of protective order can land you in serious trouble. For civil restraining orders, violations can turn into criminal charges. For criminal protective orders, any breach is treated as a crime—and you could face jail time even if no other harm was done.
That’s why it’s critical to understand what the order says and what your rights are. In some cases, even accidental contact (like showing up at the same store) could lead to legal consequences if you’re not careful.
You May Have Legal Options
If you’ve been served with a restraining or protective order, don’t assume there’s nothing you can do. With the right legal support, you may be able to challenge the order, request modifications, or even get it lifted—especially if it’s based on false claims or misunderstandings.
Legal representation matters here. These orders can impact where you live, who you see, and even whether you can go back to your own home. Don’t wait until it’s too late to respond.
Call an Attorney Before Things Get Worse
If you’ve been served with a restraining order or protective order in Clermont, FL, you need to act fast to protect your rights. At The Law Offices of Justin Rickman, we handle civil and criminal defense cases, including situations where your freedom and family life are on the line.
Don’t try to navigate this on your own. Call us today at (888) 835-5840 to speak with a defense attorney who knows how to fight for your side and help you move forward.