Module 9
Civil Systems and How They Interact with the Criminal Case

Protection Orders

As discussed in Module 2, upon the filing of criminal charges by the prosecution, the judge will generally issue a temporary restraining order (also referred to as an order of protection or protection order). These orders usually require the defendant to stay away from the victim and the victim’s home and place of employment/school; refrain from any form of communication with the victim; and refrain from harassing or engaging in further criminal conduct against the victim. In most jurisdictions, a protection order will be in place during the pendency of the criminal proceeding, and a permanent order will be a part of a defendant’s sentence. When a criminal case is dismissed or results in an acquittal, the protection order connected to that case will be void.

Depending on the jurisdiction, and the relationship between the victim and perpetrator, victims can also seek a protection order from civil and/or family court. A protective order issued by a civil or family court judge will remain intact regardless of the outcome of the criminal case. Seeking a protection order through civil or family court is an option for victims who do not wish to engage with the criminal justice system, whose case is not prosecuted by the prosecutor’s office, or whose criminal case does not result in a conviction.

Seeking a civil/family court protection order is also an option that gives victims more control over the provisions requested to be included in the order. Judges can grant a wide range of restrictions in a protection order. In civil and/or family court, victims are a party to the case and therefore can directly request that the judge include specific restrictions be placed on the perpetrator in the protection order. For example, an order may have a specific requirement as to how far away the perpetrator must stay from the victim. Or, when a victim and a perpetrator are married or domestic partners, or share children, an order may allow for some contact limited to shared parenting and visitation.1

Protection orders issued by criminal court and civil/family court may both be in effect at the same time. To ensure that victims are protected in the event of an unsuccessful prosecution, victims may choose to seek a civil/family court protection order even if they currently have a criminal court protection order.

Disclaimers and Footnotes

1. Comprehensive resources on protection orders by National Immigrant Women’s Advocacy Project (NIWAP) American University, Washington College of Law and Legal Momentum may be reviewed at:

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