Protective orders-commonly known as restraining orders-are one of the many types of legal tools used to keep individuals safe from abuse or harassment. For someone accused of domestic violence, it is important to understand the consequences ofthem, as they have far-reaching effects in both legal and personal matters.
What is a Protective Order?
A protective order is a court-ordered directive designed to protect one person from contacting, or getting into an altercation, with another person. They are usually requested in situations involving domestic violence, harassment, or stalking to protect the victim. Prohibitions and different degrees can also include an order to move away from (or stay apart from) the alleged victim.
Types of Protective Orders
Generally there are primary types of protective orders include: emergency, temporary and permanent services, depending on your state. In emergencies, an emergency protective order (EPO), which takes place in California, can be issued instantaneously if there is a danger of violence. These orders are temporary and usually last for just a few days until a more formal hearing can be held.
Such CPOs are issued following a hearing where the alleged victim presents his or her case to the court and prove to the court why a CPO should be issued against the alleged abuser and these CPOs are essentially temporary protective orders (TPOs) or final CPOs can last several weeks or months. These permanent protective orders (PPO) are put in place after a more formal court hearing and they can last for years or be forever.
You can find more information on your state’s laws here.
How Does One Get a Protective Order?
To obtain a protective order, the petitioner (a person seeking protection) usually files a request with the court. The court then sets a date for a hearing, which provides both the person seeking the order and the person against whom the order is sought, to bring evidence and testify.
The court will issue the order if enough evidence of the need for protection is found. An ex parte order is temporary and is normally issued without the respondent being present, but the respondent may later request a full hearing.
Legislative Requirements and Provisions
In order for a protection order to be granted, the petitioner must prove that abuse, threats or harassment has taken place. The legal criteria for making this order differ from one jurisdiction to another but generally they must prove an immediate danger or history of abuse has occurred. Courts will take into account the complaints, the nature and extent of the alleged abuse, the relationship between the parties, and prior petitions.
What Does This Mean for the Accused?
Your arrest for domestic abuse can also have instant legal ramifications if you become the subject of a protective order. These orders can limit the petitioner’s access so that the respondent is prevented from contact and from being able to go to certain places. Breaking these rules can lead to criminal charges, fines, and in some cases, incarceration.
Furthermore, protective orders can impact your job, requiring certain professionals to disclose this type of legal activity. Parents who have protective orders against them will frequently have their child custody arrangements altered as well, as courts tend to minimize the visitation rights of those individuals.
Penalties for Breaking a Restraining Order
A breach of a protective order is a very serious violation. The accused could face criminal charges and thus could have to pay fines, be put on probation or possibly face jail time. Punishments usually depend on the nature of the violation as well as the criminal record of the respondent. Violations can carry penalties that can be increased upon a second, or multiple offence, such as increased jail time and additional charges.
Defending a Protect Order
You should immediately contact an experienced Concord domestic violence attorney if you are served with a protective order. Your defense lawyer will be able to clarify your rights and help you create a plan for fighting the order. This can mean offering evidence that the petitioner is lying, proving that the allegations are unfounded or negotiating a less damaging stipulation. Hiring a lawyer is important as they can present your side of the narrative to the court.