What Is Required to Get a Protective Order?
Obtaining a protective order is often a major step toward dealing with harassing or abusive behavior from another person. The courts do not take imposing such restrictions on citizens lightly, though, so it's important to understand what it takes to get an order. Here are three things you need to know about the protective order system in the U.S.
1. What a Protective Order Is
A protective order is an order from a civil court, signed by a judge, that requires a party to conform to a specific set of rules in dealing with someone else. Generally, such orders prevent harassing behavior toward the victim in both public and private settings. The law's interpretation of what this means extends to life online, meaning social media and internet posts, for example, almost always count as harassing if they're aimed at the victim.
Likewise, protective orders usually extend to other members of the victim's household. Direct or indirect contact through family members, for example, is prohibited. The subject of the order also can't enter the victim's property, and this includes rental units. Similarly, the subject will be ordered to not destroy or use the victim's property.
2. Getting an Order
Every provider of protective order attorney services tells clients to document events. If the subject is at your door, for example, contact the police. Make written notes of when you called the cops and what was going on at the time. Include the broad strokes of what any conversation you had were about, too.
It's rare to get a protective order based on one action or circumstance unless the conduct was extremely dangerous. Documenting a pattern is critical so make sure to lock text messages and make copies of written notes from the person harassing or abusing you.
3. Punishments
One of the first things anyone at a protective order service firm will tell you is that an order is not a criminal court product in its own right. In other words, the order itself does not lead to anyone going to jail. If the subject of the order abides by it, then nothing else happens.
However, the logic of getting an order is to put the paperwork in place for contempt of court hearings. If the subject is found in contempt of a court order, then a criminal proceeding can begin. Penalties will also escalate for repeated violations of orders. These can include jail time, especially if the subject's conduct appears to have threatened someone's life.
Learn more about your options by contacting protective order services like Roseline D. Feral Attorney at Law.
