What To Do When You Need A Protective Order
Making a decision to protect yourself and your family can feel difficult, especially when you must go to extreme measures to do so. Having to get a protective order can feel overwhelming and complicated. Doing what’s right to ensure your safety has no barriers, however. Victims of domestic violence or even potential violence have the choice to reach out and get a protective order. This can provide the victim with legal help if the order ever gets broken or violated in any way. So, there are a few things you should know about these orders if you choose to go this route.
Is A Protective Order The Same As A Restraining Order?
These two terms are often seen as interchangeable but it’s important to point out that they’re not exactly the same thing. It’s something that can easily get mixed up since they both enforce one party to not go near or make contact with another party. They both also apply this enforcement to the acting party’s family, school, work, or near their children. That’s about as close as they get in regards to similarities. So, what makes them so different from one another?
Protective Order
A protective order will associate with family violence and protect the party enforcing the order from abuse. The abuser must immediately stop all harassment, acts of stalking, threats, and physical assaults towards the victim. Also, these orders can encompass a victim’s family and other household members.
Violation of a protective order can result in immediate action from law enforcement and the courts. Breaking the order can lead to serious consequences and criminal charges. Fines can go up to $4,000 and two years in jail just for violating the order. If additional violence occurred upon the family, the abuser could face additional misdemeanor or felony charges.
Restraining Order
Restraining orders aren’t nearly as strict as protective orders. They typically come in the form of a legal document stating that an individual or individuals cannot make any contact with another person or party. The document will outline the dos and don’ts for both parties involved. Similar to divorce papers, restraining orders get filled with other court documents to maintain certain conduct through the proceedings.
Restraining orders can also get filled as Temporary Restraining Orders (TRO) or as an Injunction. Provisions can range from limited contact, visitation orders, and preventing the use of certain joint resources like child or spousal support payments. In some rare cases, courts can authorize the arrest of a broken restraining order.
What Does A Protective Order Cover?
So, an enforced order must get approved by a District Court Judge. If granted, a protective order will:
- Order the abuser to stop all violence against you
- Order a certain distance that he abuser must distance themselves from your work, home, and school
- Will order all communication from the abuser to cease
- Enforced for your family and household
You may also need to know who you can file a protective order against:
- Blood relatives
- Someone you live with or previously lived with
- Parent of your child
- Spouse or former partner
- Someone stalking you or your family
- Someone who has sexually assaulted or trafficked you
The law also states that you must prove violence has occurred, and it will most likely repeat in the future. Also, the same goes for acts of stalking, sexual violence, and trafficking. To prove this, it’s best to have things such as a police report, photos of injuries, copies of conversations, videos, or recordings of the assault, and the assaulter’s current address. Any of these can help push your case in your favor of filing the order.
Other Types Of Protective Orders
Additionally, there are also various types of orders that aren’t as restrictive as a protective order. They vary in what each party can legally do in their situation.
- No Contact Provision: This will prohibit the abuser from contacting the victims in any way, including via phone, e-mails, or in person. All forms of contact will immediately cease.
- Peaceful Contact Provision: This is one of the most lenient provision orders. Both parties can stay in full communication, but it MUST be in a peaceful manner.
- Stay Away Provision: Similar to a restraining order, this will keep the abuser a certain distance away from the victim(s).
- Move Out Provision: This forces the abuser out of the home they live in if they live with the victim.
- Firearms Provision: This will restrict the abuser from the ability to purchase legal firearms.
- Counseling Provision: This will have the abuser attend some form of counseling.
Rios, Parada, & Seañez Can Help You
If you’re seeking assistance on this process, then we’re here to help you. We understand that this is a very difficult time for you and your family. We have the care and support to help guide you through the legal process and make the situation as beneficial as possible to help protect your and your family. Give us a call today to schedule a consultation and get you on track for a better and brighter future.