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

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.

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Oregon family law context

Use this article as general information to understand the issue, preserve useful records, and identify the next questions to ask an attorney about your own facts.

Published August 22, 2020

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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