What is the difference between a criminal order and a civil order regarding domestic violance??

UPDATED: May 31, 2012

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What is the difference between a criminal order and a civil order regarding domestic violance??

I was awarded a criminal order of protection against my husband for domestic violence. His lawyer wants me to drop the criminal order and obtain a civil order and they will agree with most of the terms of our divorce.

Asked on May 31, 2012 under Criminal Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The difference between the criminal protective order and the civil protective order is that the district attorney's office of your county is in charge of pursuing the criminal order where if your husband ends up violating it, he will end up in jail. The civil order simply results in an order to show cause against your husband for its violation.

I would keep the pressure on and seek the criminal order of protection and not reduce it to the civil.

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