If you have been arrested for a domestic violence crime, if you are being accused of domestic violence or if you are the victim of a domestic violence crime, then you may be interested in learning how protection orders impact your case. Generally, protection orders are used to deter domestic violence and help prevent future incidents of violence. However, they can also affect your rights and make it more difficult to resolve other legal matters such as divorce or child custody.
What Are Civil Protection Orders?
A protection order is a court order issued in response to a petition filed by a victim, prohibiting an individual who has committed an act of domestic violence from further abusing the victim. These orders can be temporary or permanent. They are often re-issued in the course of a criminal or family law case.
What Are the Differences Between Temporary and Final Protection Orders?
In most cases, the only thing a victim needs to prove in order to get a temporary restraining order is that they have a reasonable fear of danger from their abuser. This fear must be real and not simply imagined or based on the judge’s opinion of their behavior.
While the rules of civil protection orders differ slightly, most restraining orders are granted after a hearing before a judge. These hearings typically take place in the local courthouse and are typically very brief.
What Are the Violations of a Protective Order?
Violating a protection order is not only a serious matter, but it can have a devastating effect on those against whom the order was issued. A violation can result in an arrest, fines and potentially jail time. This is why it is important to hire an experienced lawyer who can help you protect your rights and avoid the potential consequences of a violation.
How Can an Attorney Help You?
If you have been accused of domestic violence or if you are an alleged victim, you should immediately consult an experienced domestic violence defense attorney. Having an attorney on your side will make the process of getting a protection order easier and less stressful for you.
Having a good defense can help you avoid criminal charges and penalties such as jail time, fines and probation. In addition, an experienced domestic violence attorney will help you to understand the different legal aspects of a protection order.
What Are the Benefits of a Consent Order?
A consent order is a form of a protection order that is signed by both parties, rather than a judge making a finding of abuse. This type of order can be helpful in situations where a judge has decided not to make a finding of abuse, or if the parties are not in agreement about the order’s terms.
What Are the Disadvantages of a Protection Order?
Despite their benefits, protection orders can be a source of significant frustration for victims of domestic violence. This is because they can often be a source of conflict between the parties and have an adverse impact on other legal proceedings such as divorce, child custody or criminal prosecution.
