Protection Orders vs Restraining Orders

When facing threats, harassment, or domestic violence, legal protection can be a crucial step in ensuring safety. In Washington State, two common legal tools available are protection orders and restraining orders. While they may seem similar, they serve different purposes and are used in different circumstances. Understanding these distinctions can help individuals determine the best course of action for their situation.

What is a Protection Order?

A protection order is a legal order issued by a court to prevent contact or harmful behavior from another person. It is commonly used in cases involving domestic violence, stalking, harassment, and sexual assault. The person requesting the order, known as the petitioner, does not need to have an existing legal case against the other party, known as the respondent. Protection orders can impose restrictions such as no-contact provisions, removal from a shared residence, and firearm surrender requirements. Violating a protection order can result in criminal penalties.

There are several types of protection orders available in Washington. A Domestic Violence Protection Order is designed for victims of domestic violence, including abuse by a spouse, partner, or family member. An Anti-Harassment Protection Order is available for individuals experiencing repeated harassment that causes distress. A Sexual Assault Protection Order is specifically for survivors of non-consensual sexual conduct who do not qualify for a Domestic Violence Protection Order. A Stalking Protection Order is issued when someone is being followed or harassed in a manner that causes fear. An Extreme Risk Protection Order is used to temporarily remove firearms from someone deemed a danger to themselves or others.

What is a Restraining Order?

A restraining order is typically issued as part of an ongoing family law case, such as a divorce or child custody dispute. It is broader in scope and can include provisions related to property division, financial support, and child custody in addition to personal protection. Unlike protection orders, restraining orders require an existing case in family court.

Restraining orders can include provisions that prevent contact or abuse, establish child custody and visitation arrangements, restrict financial actions such as selling property or emptying bank accounts, and require spousal or child support payments. Because restraining orders are tied to family law matters, they are often used in situations where there are complex legal and financial issues between the parties involved.

Key Differences Between Protection Orders vs Restraining Orders

The most significant difference between protection orders vs restraining orders is their legal context. Protection orders are standalone cases, while restraining orders are tied to family law cases. Protection orders primarily focus on preventing harm and harassment, while restraining orders can also address financial and custody matters. Protection orders can be requested by anyone seeking safety, whereas restraining orders require an active family law case. While violations of both orders carry legal consequences, protection orders often result in more immediate criminal penalties.

Which One is Right for You?

If you are experiencing domestic violence, stalking, or harassment and need immediate protection, a protection order is likely the best option. If you are involved in a divorce or custody case and need broader legal protections, a restraining order may be more appropriate. Consulting an experienced attorney can help determine the right legal action for your circumstances.

At the Law Office of Erin Bradley McAleer, we help individuals obtain the legal protections they need. Whether you are seeking a protection order or navigating a complex family law matter, we are here to assist you. Contact us today for a consultation.