Protection Order Lawyer

A protective order has full faith and credit wherever it is issued if it is lawful. A protection order is lawful if the court granting it had jurisdiction over the abuser and victim, had the power to hear and consider the issue, and had given the abuser notice and the chance to be heard.

What is a Restraining Order?

When there is an allegation of domestic violence, stalking, harassment, assault, or sexual assault, a court may impose restraining orders (also known as “protection orders”) to protect people, businesses, or the broader public from danger.

With the help of restraining orders, the court can mandate that a person remain a specific distance away from a particular residence, person, family (in cases of domestic violence), group of people, or company. A “no contact” clause may be a part of the restraining order, requiring the individual to refrain from contacting anyone via phone, email, letter, delivery, etc.

Do Restraining Orders Come in a Variety of Forms?

A court may use one of several different restraining order types.

• Temporary Restraining Order (TRO): This type of restraining order is in place while a hearing is held in court to assess the circumstances that led to its necessity. A TRO typically has a deadline for expiration or is valid until the court hearing. If a long-term restraining order is required, the court will decide how long it should last at the hearing.
• Emergency Protection Order (EPO): An EPO is a restraining order that the police issue after attending the scene of a domestic violence incident. An EPO takes effect right away and typically wears off within a week. The person has that much time to file for a long-term order.
• Permanent Restraining Order (PRO): After a court matter is resolved, a permanent restraining order (PRO) is issued. PROs are in place for years, if not permanently. Some particular instances of PROs include:
  • Domestic Violence Restraining Orders: These are specifically issued following an instance of domestic violence. These orders may be in effect for a number of years or perhaps the abuser’s whole life. Children, other family members, housemates, and/or the victim’s existing love partners may all be covered by the order.
  • Civil Harassment Order: This type of restraining order is used when victims require protection from those who are not family members. The abuser in these situations is frequently a friend, acquaintance, or stranger.
  • Workplace Violence Protection Order: Several states permit an employer to request a restraining order from the court to shield their employees from harassment, assault, or threats of harm at work.
  • Juvenile Restraining Order: Similar to a civil harassment order, a juvenile restraining order is meant to shield a juvenile (someone under the age of 18) from harassment or threats of violence by a non-family member. A kid or adult may be the target of the order.
  • Dependent Adult or Elder Abuse Order: Some adults may be vulnerable to abuse because of old age or physical or mental impairment. For their defense against potential abusers, a restraining order may be issued.

What is the Duration of Restraining Orders?

The type of order and the case’s particulars will determine the length of the restraining order. Before the court can consider the evidence, restraining orders are typically only valid for a few days or weeks. In most cases, the order won’t end until the court holds a hearing.

The court will hear arguments from both parties at the hearing and decide whether or not a permanent restraining order is required and suitable. A permanent order can be in effect for a long time.

Some jurisdictions include a time restriction on the duration of restraining orders, but they also let the court extend them if necessary. For instance, a domestic violence restraining order has a two-year maximum duration in Texas.

However, the court may give a longer order if certain circumstances exist. For instance, if the abuser physically hurt the victim or another family member or household member or committed a crime against them. Any party may also request a hearing from the court to change, prolong, or lift a restraining order.

How are Restraint Orders Carried Out?

A copy of your restraining order should always be in your possession. Copies of the order should be given to everyone it protects. The local police agency should have a copy on file and should keep a copy in a secure location.

The first thing to do is call the police if the restraining order is broken. Show the cops the restraining order when they arrive. Any violation of a court order is a felony, and the police may detain the abuser.

A court hearing will be held to decide whether the order was broken and, if so, what the appropriate punishment should be. The court has the authority to impose civil or criminal punishments.

A civil penalty, such as a monetary fine, may be imposed for violating a restraining order put in place to safeguard a structure or business. There may be civil or criminal consequences for breaking a restraining order that shields a person or people from violence, stalking, or harassment. If the abuser violated the restraining order and committed another crime, they may also be charged with additional crimes.

What Should My Protection Order Contain?

In the same way, they would enforce a municipal order; the police, prosecutors, and the court must enforce your protection order.

Although it is not necessary, the following information may help you enforce your court order more quickly:

• The parties’ names, any children involved, the date the order was issued, and its expiration date (if it has one)
• Terms and conditions against the abuser; the name, address, and phone number of the court that issued the order; and the signature of the judicial officer who issued it.

What Does It Mean to Serve the Abuser with a Protection Order?

This indicates that the abuser received a copy of the protection order, generally from the police. Then, the police provide the court with evidence that the order was obeyed. A notice is also acceptable.

In essence, this indicates that the abuser was aware of the directive. If you need to report a violation, give the police any documentation you have showing that the abuser received the order or was given notice. If the order hasn’t been delivered, you should ask the police you reported the violation to deliver it and, if possible, to arrest for any other crimes the abuser may have committed in the area.

Is it Possible to Challenge a Restraining Order?

It’s crucial to abide by a temporary restraining order if you’ve been served with one. You will have the chance to disagree with a permanent order at the hearing. Collect information about the occurrence or incidents that gave rise to the order. Speak with any witnesses who may know something important.

You would need to submit proof to the hearing to refute the claims if the information used to seek a restraining order against you was fraudulent.

The court may consider those factors and address them in the final restraining order if minors are involved or access to your home or place of employment is affected. Even if it requires someone to leave their house or stops them from going to work, a restraining order can still be imposed.

Do I Need an Attorney?

Understanding the legal procedure for obtaining a protection order and what to do if you move can be challenging and complicated. You can get help from a criminal attorney with knowledge of domestic violence legislation.