Non-molestation orders and restraining orders are legal orders that are designed to protect individuals from harassment or violence. Both types of orders have their own specific characteristics and requirements.
Below are the main Differences Between Non Molestation order and Restraining order
A non-molestation order is a type of injunction that is issued by a court to protect an individual from being harassed, threatened, or assaulted by another person. This type of order is commonly used in cases of domestic violence or stalking, and it prohibits the respondent from engaging in any behavior that could be considered harassing or threatening towards the applicant. Breaching a non-molestation order is a criminal offense and can result in fines or imprisonment.
A restraining order, on the other hand, is a court order that prohibits an individual from contacting or approaching another person. This type of order is often used in cases of harassment or stalking and is designed to prevent the respondent from coming into contact with the applicant. Breaching a restraining order is also a criminal offense and can result in fines or imprisonment.
One of the main differences between a non-molestation order and a restraining order is the scope of the order. A non-molestation order specifically prohibits the respondent from engaging in behavior that could be considered harassing or threatening towards the applicant, while a restraining order simply prohibits the respondent from contacting or approaching the applicant. Additionally, a non-molestation order can include provisions for the respondent to vacate the shared home or stay away from a specific location, while a restraining order does not typically include these provisions.
Another difference between the two types of orders is the evidence required to obtain them. A non-molestation order requires the applicant to demonstrate that they have been subjected to harassment or threats, while a restraining order may be granted based on the perceived risk of harm to the applicant.
In summary, non-molestation orders and restraining orders are legal orders that are designed to protect individuals from harassment or violence. While both types of orders offer similar protections, non-molestation orders are more specific in their scope and may require a higher burden of proof to obtain.