Currently Browsing: Protective Orders

Restraining and Protective Orders

,In issues that involve domestic violence, survivors of the abuse have some civil and criminal protection and restraining order options available to them. These orders can deter further abuse, as they permit the victim to contact the police and have the abuser arrested if they break the order. Yet, there are abusers that will attempt to stalk or hurt the victim, despite orders that may be in place.

In numerous states, if the police encounter a domestic violence situation, one of the two parties is requested to leave the home. This person is often the abuser; however, the police can determine who the aggressor is. The police can give the victim an Emergency Protection Order (EPO) in an urgent situation. This EPO is a short-term protection order that is usually given by the police to the victim when his or her abuser is arrested for domestic violence. The EPO is limited, as it can last about three to seven days. This permit allows the victim some time to get the longer-term protection order.

All US states have statutes for a protection order. It may be called a protective order, orders of protection or a domestic violence restraining order. They all serve the same purpose — to protect the victim from the abuser. The long-term protection order can last one to five years, and in some extreme circumstances, for up to a lifetime. Additionally, the protection order can be renewed by the victim, if he or she still feels that there is a real threat from the abuser.

The protective orders have different provisions, including no contact provision, peaceful contact provision, stay away provision, move out provision and a firearms provision. Then there is the counseling provision that orders the abuser to attend counseling, such as batterer’s intervention or anger management classes.

These protection orders not only cover the victim. These orders can include children of the victim, other children, family members, roommates or anyone that may be living in the same household as the victim, such as a significant other. The same rules of no contact and staying away apply to the other listed individuals, even if they have not been physically harmed by the abuser.

As part of the protection order, some states include visitation and custody for children of both the victim and abuser. This is typically temporary and can be changed or modified by divorce or further family court orders.

However, if protection orders are violated, it can be treated in one of three ways – as a felony, misdemeanor or as a contempt of court. The felony charges are usually reserved for repeat or serious violations. In many states, it is the policy for police to arrest violators of these orders automatically.

No one should have to deal with domestic violence. If you or your children are in immediate danger, law enforcement needs to be contacted immediately. Furthermore, a family law attorney in your area, like Kessler & Solomiany, LLC, can file necessary paperwork on your behalf and can advocate for you in court.