Domestic Violence & Protection Orders

An order of protection (commonly called a restraining order) is an important tool established by courts to protect one individual from another, or to protect multiple individuals, from their own actions. They are particularly useful when a marriage is ending, and one of the members of the relationship has shown a propensity towards violence.

Protection orders are useful in many situations, including harassment and stalking situations, divorces (or the ending of any relationship, if violence or threatening behavior is present), severe neighbor disputes, and others. If you are facing one of these situations, an order of protection is an important step in protecting yourself. We can help you! Give us a call today, for your free initial, confidential, consultation.

 

FAQs About Restraining (Protection) Orders

 

What is a protection order?

A protection order, or restraining order, is a court order, restricting an individual’s contact or physical presence, in relation to another person or physical location. For example, a protection order might restrict an individual from contacting or being within so many feet of another person.

It is a legal tool that can & should be used to help protect an individual from another individual who has shown aggressive, abusive, threatening, or obsessive behavior toward that individual.

It might be helpful to think of a protection order as a necessary step or link, in the chain of possible legal protective maneuvers one can take for protection against the behavior & violence of another.

 

Will a protection order really protect me?

An order of protection is nothing more & nothing less than a court order. It doesn’t PHYSICALLY stop the perpetrator of the violence, stalking, or other threatening behavior from continuing to engage in that behavior, at least not by itself without something more. This causes some people to question “what’s the point?”

This thinking is faulty. The reality is, the importance of seeking an order of protection cannot be overstated!

As noted above, a protection order should be thought of as a legal tool and a necessary link in the chain of available legal protective maneuvers. At times the order of protection is enough to cause the perpetrator to cease his or her threatening behavior, out of fear of the repercussions of violating it. At other times, the person continues to engage in his or her threatening behavior.

When the person continues to engage in conduct forbidden by the protection order, you can usually have them arrested. Without it, there is often nothing you can do, legally at any rate. For example, say a person – who has been harassing you – decides to follow you around town, everywhere you go. First, he or she follows you to the grocery store, then to the mall, making threatening comments & gestures the whole time. You call the police, and inform them that this person is following you and that he or she has been violent with you, in the recent past. Without a court order of protection, there would likely be nothing the police could do about it. On the other, with a protection order, the police would likely now be able to arrest the perpetrator.

 

I already have a protection order, but I think the perpetrator is just going to break it; what should I do?

If you suspect that the perpetrator will continue to harass you, even if you get a court order of protection, then it is important that you proceed with caution. Again, you must understand that a protection order is a tool. Just like any tool, when used properly, for its purpose, it is effective. When used wrongly, it is not. The protection order itself will not physically stop the perpetrator, if he or she continues to engage in the harassment and/or violence toward you. However, It will allow you to take legal action, if the perpetrator violates the protection order.

If you acquire a protection order against an extremely violent individual and expect the protection order, on its own, to protect you, then you have failed to grasp the purpose of a protection order.

If you have acquired a protection order, and you suspect that the perpetrator will continue his or her behavior, then your goal, while taking proper steps to protect yourself, should be to document the perpetrator’s violation of that order. You want to be able to show a court of law proof that the perpetrator violated the rules of the protection order, if possible. Otherwise, it will be your word against his or hers.

It is important that you consult with an attorney, in this situation. An attorney can help you understand what evidence is important, in order to take legal action against an individual who violates a protection order. In most cases, the violation of a protection order is a criminal matter.

Hoffman Law can help! Whether you feel you are in danger and need a protection order filed on your behalf or already have one in place, and are unsure how to proceed, Hoffman Law can assist you. Call for your FREE INITIAL CONSULTATION today!!