Orders of Protection
Orders of Protection
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Protect Yourself and Your Family
Domestic violence is a very serious matter and, unfortunately, sometimes can result in yourself or family members getting hurt. Legal involvement can be necessary in certain situations so be sure to consult with an experienced attorney. If your situation may be more serious, then immediately go to the police first.
What Is an Order of Protection?
An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. It’s used to address various types of safety issues, including, but not limited to situations involving domestic violence. Family courts, criminal courts, and supreme courts can all issue orders of protection.
An order of protection may direct the offending person not to injure, threaten, or harass you, your family, or any other person(s) listed in the order. It may include, but is not limited to, directing him/her to:
- Stay away from you and your children
- Move out of your home
- Follow custody orders
- Pay child support
- Not have a gun
An Order of Protection is also a legal document designed to tell someone to refrain from offensive conduct toward you or to stay away from you completely. The first type of Order of Protection is often called a “refrain from” meaning “stop doing what you are doing” Order of Protection. The second type is called a “stay away” Order of Protection which requires the person who has been causing trouble to stay away from you, your home, your place of employment, or school. Depending on your circumstances, you can have an Order of Protection from both a criminal court and family court, and each order may have different directions to protect you from the person causing you problems.
If you are in family court, the protected party is you, and you will be identified as “petitioner.” The offender will be identified as the “respondent.” If you are in criminal court, the protected party is you, and you will be identified as the “victim.” The offender will be identified as the “defendant.”
What Are the Differences Between a Stay Away Order of Protection and a Refrain From Order of Protection?
A stay away Order of Protection orders the offender to stay away from you, the protected party and from your place of residence, business, employment, and/or school. It may also order the offender to not have any communication with you via mail, telephone, email, voicemail, or any other electronic means. The stay away Order of Protection also incorporates the protections found in a refrain from Order of Protection.
A refrain from Order of Protection orders the offender to refrain from committing any family offense, such as assault, stalking, harassment, menacing, reckless endangerment, strangulation, disorderly conduct, criminal mischief, sexual abuse, intimidation, etc. This order will allow contact and communication between the offender and you, the protected party.
Who Can Get an Order of Protection?
If you are currently married, formerly married, have a child in common, or were in an intimate or currently in an intimate relationship, you may apply to your family court for an Order of Protection. If there’s an emergency event where you are injured or threatened and the police are called, you may ask the police if you are entitled to an Order of Protection from a criminal court. The information you provide to the police will be turned into a domestic incidence report (DIR), and depending on what has happened, the offender could be arrested or a bench warrant could be issued by the criminal court.
At the law office of Beth Rosenthal, P.C., we provide experienced, professional legal representation for all aspects of family law, including seeking or fighting orders of protection in family court and divorce court. With more than 25 years of experience, she is dedicated to fighting for the rights of men and women, victims and alleged abusers of domestic violence. Call Beth A. Rosenthal, P.C. or message us today for a free consultation.
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Beth A. Rosenthal, P.C.
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