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We don't like to think that people are hurt by other people but, unfortunately, it happens.
When someone is hurt or threatened, by someone else, he or she can
file a police report, and can choose to apply for a family restraining order or a civil protection order.
A family restraining order is also commonly
referred to as a temporary restraining order or TRO, and it is issued by the Family Court.
A civil protection order is commonly referred to as a CPO and is issued by the civil court.
There are differences between these two orders
of protection, such as, who can apply for each order and the types of behaviors
they're intended to prevent, so knowing which order to apply for can be confusing.
Knowing the differences will help you determine which order to apply
for, and which court to go to. It will also help you when communicating with
court personnel or law enforcement.
One of the things that causes confusion between the
orders are the similarities. Both orders of protection can be issued when one
person is being harmed or in some cases, threatened, by another person.
No arrest is required to get a TRO or a CPO, and there are no fees to obtain them.
Another similarity between the orders is that both use the same language when
referring to who is applying for an order as well as who the order is issued against.
For example, on both orders, the person applying for the order is called
the applicant and the person the order is against is called the respondent.
Despite these similarities there are some important differences between the two orders.
TRO's and CPO's are issued by different courts, they're used to
protect applicants from different types of crimes or actions, and there are
different offices and agencies that help the applicant file for the order and
advocate on behalf of the applicant.
The first major difference between a TRO
and a CPO is that the type of order you apply for is determined by whether
or not the respondent meets the definition of a family or household member,
so it is important to define who this person is.
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If the respondent meets the definition of family or household member,
the applicant applies for a TRO. To apply for a TRO, the applicant must know the
respondent, perhaps intimately. On the other hand, if the respondent does not
meet the definition of family or household member, the applicant applies for a CPO.
The respondent may be an acquaintance or co-worker, a landlord or
neighbor, or, perhaps, someone the applicant doesn't know at all.
Another difference between the orders is the action the respondent is being accused of.
A person may apply for a TRO when they've been subjected to a continuous
threat of present physical injury, stalking, or a pattern of threatening
by a family or household member.
A person may apply for a CPO when they've been sexually assaulted,
sexually abused, or stalked by someone who is not a family or household member.
To obtain a CPO, the applicant cannot
already have an existing order of protection related to the incident.
These are the main differences between a TRO and a CPO to help you decide which
order you may be eligible for. There are many things to take into account when
deciding to apply for an order of protection.
It's important to know that an order of protection is only one part of a safety plan.
You may want to seek guidance from an advocate or counselor,
someone who has training and experience
working with people in these situations, so you can consider all of the options
available to you. If you're not sure what to do and you think you need protection,
don't hesitate to ask. We invite you to visit our website, call us, email us, or visit us.
And if we can't help you, we can usually refer you to an organization that can.
If you leave us a message, we'll get back to you by the next business day.
The Office of Victim Services is an agency that you never want to need but
if you do need it they offer a range of services that people will find very helpful.
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