We have all heard about a restraining order, but what a about protective order? The criminal law of the United States covers a wide range of issues. They make life simpler for you. That is exactly the purpose of a protective order. A restraining order is a broad category of which a protective order is a subcategory.
Picture a domestic violence case. Here, the victim, Dana, fears for her safety. She goes on to get a protective order against her ex. She files a petition with the nearest court. In the petition, she gives details of how she was a victim of physical harm and abuse.
The court carefully goes through the details of her case and delivers an order of protection. Now, her ex was bound by the law to keep distance from her. Additionally, he could not make efforts to contact according to law.
Therefore. this protective order gives Dana protection and security. Now, if her ex ever tries to violate the order, he could pay a fine, get arrested, or both!
Can you get protective orders, too? Can a public interest lawyer help you out with a criminal lawyer? Now, through our article, let us get to know these legal ropes around a protective order.
What Is A Protective Order?
A protective order is an order that comes from a court of law. The aim is to safeguard one from harm, abuse, or harassment.
Protective orders fall under the greater category of a restraining order. They prohibit a person from contacting, approaching, or abusing another. The person who requests the order from the court of law is the petitioner. Moreover, the person against whom the petitioner makes such a request is the respondent.
Did you know that the greatest number of protective orders come in cases of domestic violence and abuse? They are also pretty common in cases of harassment or stalking.
Victims Of Violence And POs
We stand by you if you are a victim of violence. It is completely normal if things like stalking or sexual abuse still traumatize you. This is why you can apply for protective court orders to be stress-free that your is far away.
Did you know about all the kinds of Protective orders?
There are different kinds if protection that tend to different needs. Some can protect you from domestic abuse or dating violence. Others can keep a victim of sexual assault or stalking safe. Some can even protect a victim of human trafficking.
What Can A Protective Order Do?
A protective order can legally prohibit a person from hurting the victim.
- It may legally ask you not to threaten or harass a person or a child.
- An order may protect your family, workplace, your home, etc. It may extend to baby care facilities or schools.
- The judge may order one not to carry a gun, even if they have a license.
What Are Some More Complex Things An Order Can Do?
The protective court order may take away cell phones from a person or their children.
- It may order one to make payments for child support or for medical support.
- A protective order may set the conditions that allow visitation rights to children.
- It may ask an abuser to receive anger management therapy. Moreover, the order may also direct drug testing.
- The order may specifically be a Domestic Violence Protective Order. Moreover, it would guarantee protection against spouses, partners, or even family members.
- It may be a restraining order against harassment, threats, or stalking.
- It may be a No-Contact Order that prevents all forms of contact between the abuser and the petitioner.
- There may even be something called a Stay-Away Order. It requires a person to keep a certain distance from the petitioner.
How To Get A Protective Order?
If you want to get protective orders, this is what you can do.
- You can start by contacting local authorities like the office of the district attorney.
- Look for a shelter for family violence victims nearby.
- Try to get help from your nearest legal aid office.
- Contact a private attorney.
How to get a protective order in Texas?
If you are a resident of Texas, you can try to fill out a do-it-yourself kit for a PO order. The organization “TexasLawHelp.org” helps victims of violence and abuse get help. This is the legal helpline for Family Violence: 800-374-HOPE(4673).
What Happens If A Protective Order Is Not Served?
In the United States, if the authorities do not properly serve a protective order, they will face legal consequences.
- First, it will mean that the order was never legally binding and hence, unenforceable. Authorities like the court or law enforcement will not take steps against violations.
- It will leave the petitioner in a vulnerable place with the possibility of harm. Lastly, if a lot of time passes, the order may even expire.
- he plaintiff will then have to file the order again.
What Happens On Violation of An Order Of Protection?
Please bear in mind that a violation of protective orders is a felony. It can lead to contempt of court and severe penalties.
To Conclude
Protective orders are the legal shields that help people stay safe. If someone is feels threatened, they can ask a court for protective orders.
This order has immense power. It can order a person to stay away, not to contact, and not to come near the one seeking protection. It’s an important tool to stop harassment and violence. They offer quick protection and provide comfort to those facing danger.
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