Protective orders are court orders that protect victims from harmful or threatening behavior. They define what the defendant can and cannot do, and violating the order can result in jail time. Victims can obtain an order by scheduling a hearing and presenting evidence. Emergency orders can be issued if the victim feels in immediate danger. While some criticize protective orders, they are one way the law helps protect victims.
When one person harms, stalks, or threatens to harm another, it can be heartbreaking for the victim. In many areas, there are laws that provide protection from such individuals. A protective order is a court order that serves to protect victims of harmful or threatening behavior from further harm. This order typically makes it easier for the police to arrest the perpetrator as well, should he violate the terms of the order.
An order of protection clearly defines what a defendant can and cannot do. For example, they may be ordered to stay away from the victim’s home or workplace. It may also preclude the defendant from owning firearms, even if he owned one before the order was issued. If this order is violated, the victim can call the police and have the defendant arrested. The consequences of violating the order can include jail time.
If a person feels harmed, threatened or harassed, they can go to court to obtain a protection order against their alleged attacker. To do this, the victim can first schedule a hearing, so both the victim and the alleged abuser will usually have heard both sides of their case. At this hearing, the victim can present any evidence she has against the alleged abuser, such as harassing emails and voicemail recordings. Once the judge has heard both sides of the story and seen the evidence, he can choose whether or not to issue the order.
If the victim feels in immediate danger, he can have an emergency order issued, called ex parte. An ex parte order is a temporary protective order that is put in place before the official hearing. This order tells the alleged abuser to stay away from the victim until both appear on the court date issued. With any type of protection order, the alleged abuser will need to be notified with the order before it goes into effect. It is often the victim’s responsibility to have it served, and is usually best handled by the appropriate police department or through a hired server.
It may be feared that a protective order will not do enough to prevent future violence. Some critics say it’s just a piece of paper that can be easily hacked. While the order may make it easier for the defendant to be arrested, it may do no good if it harms the victim while violating the order. However, protective orders are one way the law helps protect victims from those who seek to harm them.
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