Server's Corner

Protective Order vs Restraining Order

Unfortunately, there are times when people must file for a restraining order against someone. This takes time and effort to figure out which legal documentation that you need to get and how to go about attaining it. We can help whether you need a protective order or a restraining order. Roland Investigations wants to help you with the struggles that come along with any legal procedures. The first thing we need to consider is the difference between the two restraining orders. Afterwards you’ll need to know how to go about attaining them and the proper way to have the documents served.

Protective vs. Restraining

There are several differences between the two legal documents. When it comes to a protection order it can last anywhere from 1 year to a lifetime and can be renewed. There can be many clauses and/or provisions that can be included in a protection order. Among them could potentially be a no contact provision, peaceful contact provision, stay away provision, move out provision, firearms provision, and counseling provision. More than that they also can include more than one person even if they only ever went after one person. Accordingly, in some states you’re even able to put your pets on the protection order.

When it comes to a restraining order there are some stark differences between the two. A restraining order put simply is a legal document that tells someone to do or not to do something. This document can be included in a divorce or civil case. When it comes to obtaining a restraining order, the one party can do so without the other party knowing. When this is done the other party is allowed later to present their side of the story. Every state has a different form of a restraining order, so you will have to do your research.

Serving a Protection or Restraining Order

Regardless of the type of order you are obtaining through your local court. You must fill out all the proper paperwork. Once it is granted by the judge you then need to have the papers properly served by the other party. This is best done by a professional process server because they have no deals with either side. Call Roland Investigations today for any of the needed documents that you need served!

By James D. Roland 12-11-2018