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Facing issues such as domestic violence and harassment, restraining orders have become an important legal tool aimed at protecting an individual’s safety and rights. However, many people may not understand whether a restraining order falls under criminal or civil jurisdiction. In fact, whether it involves criminal or civil law mainly depends on two key factors.
Purpose of applying for a restraining order:
Applying for a restraining order is a civil action aimed at securing court-ordered protective measures to prevent future harm or harassment. Its focus is on prevention of potential adverse actions, not on punishing or compensating for past behaviors, making it primarily a form of civil protection in its initial stages.
Two scenarios in which a restraining order can lead to criminal prosecution:
- Once a restraining order is issued, if the other party violates the court’s order, this behavior may push the incident into the realm of criminal law.
- If the victim reports the incident and the police get involved, the perpetrator may face criminal charges. At this point, the perpetrator will be required to appear in court, and failure to do so may result in a criminal record; conversely, choosing to appear in court could involve a significant investment of time and money, including legal fees.
If you have any legal questions regarding intervention orders, please contact us immediately. Our Intervention Order Lawyers will answer your legal questions and provide you with professional and cost-effective strategies to safeguard your rights.
*Disclaimer: The above content is provided as general legal knowledge and should not be taken as specific advice for your individual situation. The law is complex, and we strongly recommend consulting professional legal advice. Canaan Lawyers shall not be held liable for any loss or damage caused by the information contained or omitted in the above content.