Family law issues can be emotionally challenging. If a situation involves domestic violence, though, the process of divorce or determining child custody could be downright dangerous. Thankfully, the law provides mechanisms such as protective orders to ensure the safety of individuals threatened or harmed by domestic violence. What should you know about these legal tools?
What is a protective order?
A protective order, sometimes called a “restraining order,” is a court order that prohibits one person from approaching or communicating with the other. In the context of domestic violence, these orders are critical in safeguarding victims from their abusers.
During a divorce or other family law issue, these protective orders can limit the risk for families that have concerns about safety or harassment. If there is a threat of violence or actual violence by one party towards another, a protective order can provide legal measures to keep the threatened individual safe. During emotionally charged family disputes, a protective order can also help prevent one party from harassing or stalking the other.
Types of protective orders include:
- Emergency Protective Order (EPO): An EPO is typically issued when someone needs immediate protection. Judges can grant them at any time of day or night and does not require a hearing. These orders usually last for a short period, typically from a few days up to a week. This type of order is crucial in providing immediate safety to individuals in urgent danger.
- Temporary Protective Order (TPO): TPOs generally last longer than EPOs, usually between six and twelve months. During the TPO period, the court gathers more information and decides whether to issue a more permanent order.
- Permanent Protective Order (PPO): If the court finds it necessary, it can issue a PPO at the end of the TPO period. A PPO offers long-term protection to the victim, typically lasting for several years and, in some cases, indefinitely. The terms of a PPO might include provisions like child custody and support in addition to contact restrictions.
No matter how long a protective order lasts, these court orders can provide peace of mind and emotional security for someone who feels threatened.
How can you get a protective order?
The process of obtaining a restraining order typically begins by filing a petition with the court. The petition should detail the incidents of abuse and the need for protection. After filing, the court typically reviews the petition and schedules a hearing where both parties can present their cases.
At the hearing, it is important for the victim to provide as much evidence as possible during this hearing. Evidence can include texts, emails, photographs, or witness statements. This information will help determine whether the court grants the protective order.
Protective orders are not just pieces of paper; they are tools that can significantly reduce the risk of further abuse. These orders can provide victims with the peace of mind needed to move forward and rebuild their lives, including offering protection during and after divorce.