A protective order is designed to help you or your children remain safe from verbal, emotional, or physical abuse, harassment, or stalking. Protective orders may either be temporary or extended. Depending on the type, a protective order may direct an individual to cease contact with you, order an individual to leave your home, or order an individual not to come near you or your children. Our team is here to help you reclaim your freedom and keep yourself safe.
An Order of Protection is a court order issued to help protect individuals from domestic violence, stalking, or harassment. To obtain an Order of Protection, a petition must be filed, detailing the incidents of abuse, stalking, and/or harassment. If granted, the order can be in effect for a specific period, often up to one year, but it can be renewed or extended. Violating an Order of Protection can result in criminal charges.
No Contact Orders: Prohibiting the offender from contacting or coming near the victim.
Possession of Residence: Granting the victim exclusive possession of a shared home.
Temporary Custody: Addressing temporary custody arrangements for children.
Financial Support: Ordering the abuser to pay certain expenses including maintaining utilities and mobile phone service.
Individuals who can seek an Order of Protection include:
Victims of Domestic Violence: This includes individuals who are or have been in a romantic relationship, spouses, former spouses, or those who live or have lived together.
Family Members: Relatives by blood or marriage, such as parents, children, siblings, or step-family members.
Victims of Stalking or Harassment: Individuals who are experiencing stalking or harassment, even if there is no familial or romantic relationship.
Children: A parent or guardian can seek an Order of Protection on behalf of a minor child who is a victim.
The specific circumstances and evidence of abuse, stalking, or harassment will need to be demonstrated when filing for the order.
Yes, an Order of Protection can include provisions for pets. The court may grant temporary custody of pets to the victim as part of the order, recognizing the importance of animals in domestic violence situations. This allows the victim to ensure the safety and well-being of their pets while they seek protection from the abuser. It’s important to mention pets when filing for the order to ensure they are included in the provisions.
An Order of Protection is important for several reasons:
Safety: It provides immediate legal protection for victims of domestic violence, stalking, or harassment, helping to create a safer environment.
Legal Enforcement: The order is a legal document that can be enforced by law enforcement. Violating the order can lead to criminal charges against the abuser.
Supportive Measures: It can include provisions like temporary custody of children and pets, as well as exclusive possession of a shared home, which can help victims regain control over their lives.
Psychological Relief: Having an order in place can offer victims peace of mind, knowing there are legal protections against their abuser.
Documentation: The order serves as official documentation of the abuse or harassment, which can be important for any future legal proceedings.
Access to Resources: Obtaining an Order of Protection can connect victims with support services, shelters, and counseling, helping them navigate their situation.
While each case is different and should be discussed with a lawyer, the process of obtaining an Order of Protection generally involves the following steps:
Ensure that you meet the criteria for seeking an Order of Protection, such as being a victim of domestic violence, stalking, or harassment.
Go to the local courthouse or domestic violence center and fill out a petition for an Order of Protection. This document outlines the details of the incidents and the relief you are seeking. You will need to be as specific and detailed as possible; show videos, photos, texts if you have them.
The Magistrate will then review your petition (usually the same day) and if based on the evidence and facts in the petition they determine sufficient grounds exist, they will issue a Temporary Ex Parte Order of Protection. “Ex Parte” in this context means that the order is granted by a judge/magistrate without the presence of the abuser.
The abuser must be served with the petition and any ex parte order. This can be done by law enforcement or a designated process server.
A hearing will be scheduled (usually within 15 days) for a full Order of Protection. Both you and the abuser will have the opportunity to present evidence and testimony.
A full hearing can be avoided if the abuser will agree to an Order of Protection, but it is rare that an abuser will agree.
After the hearing, the judge will decide whether to grant a full Order of Protection. If granted, it can last up to one year and may include various protective measures.
If the order is granted, keep a copy of it with you at all times. If the abuser violates the order, report it to law enforcement immediately.
If you need continued protection after the order expires, you can file for a renewal before it ends.
Our knowledgeable team at Digby Family Law, PLC welcomes the opportunity to assist you.
Contact us today via our online form or by phone at 615-997-3741 to schedule a consultation.