What does it mean that a restraining order is "civil"?

Categories: Criminal Law Divorce Family Law FAQ General Family Law Restraining Orders

There are two primary areas of law: civil and criminal. Criminal matters are generally handled by the state or a municipality and deal with prosecuting crimes, resulting in punishment, including jail. A restraining order is not seeking jail time, and getting one does not create a crime. However, if a person violates the civil restraining order, they may be sent to jail for the violation. Restraining orders in Oregon take place under the "civil law" system. Even though a person can go to jail for violating a restraining order, it is contempt of court to violate a court order, not a crime.

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