How Are Protection Orders Issued?
Generally, a victim or potential victim of a criminal or annoying activity applies to a judge to get a protection orderthat directs the aggressor to perform a certain act, stay away, or back off. To get a restraining order, one needs to convince the judge that it is necessary for preventing imminent or continuing harm. For example in a case of domestic violence, the victim should issue a statement under oath stating the harmful acts that they believe will be stopped when they get a protection order. The defendant will be notified and a few days later the judge will schedule a hearing to decide whether to issue a final restraining order.
What Should You Do If Someone Violates a Protection Order?
A violation of a temporary or final protection order is a criminal offense. It is regarded as contempt of court. If the person who is subject to a protection order violates the terms of the order, you should call the police. The police will arrest the person for the offense. The other option would be to file a violation of the order in court.
How Can a Lawyer Help With a Protection Order?
People seek for protection orders for a variety of reasons. However, for the court to issue a restraining order you must have compelling evidence or your reasons must convince them that it is necessary for your situation. An attorney can help gather evidence, apply case law, and use other legal mechanisms to convince the judge to grant you a protection order.
Apart from securing a restraining order from the judge, your lawyer will be play a crucial role in requesting the judge to agree to certain conditions in the protection order. For example, your lawyer may request the judge to include in the order, a condition that prevents the defendant from going to your home, work place, or from contacting you.
In the event that the defendant violates the terms of a protection order, your lawyer will ensure that they are brought to justice. Your lawyer may persuade the court to punish the defendant for the violation.
Whether you have an abusive spouse, or someone is stalking you, protection orders can help you gain relief from distressful situations. While you can apply for an order on your own, it is advisable to involve a lawyer. Apart from ensuring that the terms of a protection order serve your interest, your lawyer will ensure that the defendant abides by the conditions of the order and is punished for any violations.