There can be considerable differences between a decree and order, especially in a legal context. While both share similar characteristics, the implications for each can be very different. Generally, a decree is a final conclusion that has been handed down by a court or by a governing body, granting a legally binding resolution to a dispute. An order, on the other hand, is generally a temporary measure that has been handed down by a governing body or an individual in authority, and may have no binding, legal implications.
What Is a Decree?
A decree is a legally binding resolution that settles a dispute—whether it be a civil, criminal, or administrative matter—in a manner that is both enforceable and enforceable. This means that the parties involved are legally bound to adhere to the resolution or face the consequences. Decrees are usually rendered by a judicial authority, such as a court; however, other types of authorities—such as legislative or executive bodies—may also issue decrees. The court may specify various remedies, such as fines, compensations, or other actions, as part of the decree.
The decree comes into effect as soon as it is handed down and cannot be modified or nullified. In the case of civil disputes, the decree is typically issued by a court of law in the form of a judgement. In the case of criminal disputes, the court may deliver an order, such as a jail sentence, or a fine. In addition, a decree may be issued by a governing body or an individual in authority and is usually final.
In the context of divorce and family law matters, a decree is a document or a court order that legally resolves the matters in dispute. The decree usually includes, but is not limited to, the identity of the parties involved, the agreements made or provisions, and a determination of rights and responsibilities.
What Is an Order?
An order, on the other hand, is more of a command or direction that is issued by an authority, such as a court or a governing body, or an individual in authority. An order may be issued in cases involving civil or criminal matters, and its purpose is to bring about compliance with the established rules or laws. An order may also be issued in a private context and has the same effect as an order issued by a court or an authority.
Unlike a decree, an order is usually provisional and may not necessarily be legally binding. An order may be issued by a court in the form of a restraining order, which prohibits certain activities or orders one to refrain from certain activities. An order may also be issued in the form of an injunction, which is a decision or order by a court prohibiting any actions from being taken. An individual in authority may also issue an order, such as a school principal ordering a student to remain in the school grounds.
An order may also be issued to maintain the peace, such as when a police officer orders someone to disperse from a certain area. An order may also be issued for the purpose of protecting public health or order, such as a quarantine order or a stay-at-home order issued in response to a pandemic. An order may also be issued in the form of an administrative decision, such as a zoning ordinance.
Difference Between Decree and Order
The most fundamental difference between a decree and an order is that a decree resolves a dispute and is legally binding, while an order is a less binding instruction or direction that is issued by a court or an authority. A decree is usually enforceable, whereas an order may not be legally binding and may only be of a temporary nature. Additionally, a decree is usually issued in a court setting and is usually issued following a formal hearing or trial, while an order may be issued outside the court—such as by a legislative body, executive body, or individual in authority.
A decree is typically issued in a judicial context and is generally considered to be a final ruling. An order, however, is often temporary in nature and may be issued to enforce compliance with established laws or rules. Furthermore, an order may be issued in a public context—such as in response to a public health crisis—or in a private context—such as by an employer—to ensure compliance with rules or regulations. Ultimately, the fundamental difference between a decree and an order is that one is legally binding and the other is usually not.
