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What is the difference between an Order of Protection and Civil Restraining Order?

Orders of protection:

  • Requires a qualifying relationship between the parties
  • There is no cost to the petitioner for the assistance of an advocate (non- lawyer), filing fees, service fees, publication costs, and/or copies
  • While a petitioner is entitled to retain an attorney for these hearings, most often they proceed without an attorney, using the free services of a family shelter advocate.
  • The law allows for many remedies which are enforced by the police and can result in an arrest and possible jail time if violated.

 Civil Restraining Orders:

  • Do not require a specific relationship between the parties
  • The parties may be required to pay the costs required for these type of cases
  • You can proceed without a lawyer but most often a lawyer is involved
  • Civil Restraining Orders are only enforced by the Court
  • Police do not enforce the orders nor do they arrest for alleged violations

Contact Russo Law offices today for a criminal defense attorney in Wheaton. 

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