Protection Orders
A protection order, also known as a Temporary Restraining Order (TRO), is designed to prevent violence from escalating or to stop an assault. They're are intended to prevent harm and ensure safety by limiting or prohibiting specific actions of the respondent, which is the person against whom the order is issued. These orders can restrict physical proximity, communication (including phone calls, texts, emails, etc.), and even contact through third parties.
How Are Protection Orders Used In Family Law?
If you are living with the abuser, this order grants the police the authority to remove the person from your home temporarily. The court may also impose conditions that prohibit the offender from having any contact with the victim or children.
A Temporary Restraining Order typically lasts until a hearing can be held, which usually occurs within two to four weeks.
How do you get a protection order?
You must file domestic violence restraining orders with the appropriate family court. After you submit the forms, a judge will review them. It’s possible that the court will grant a temporary order on the same day you file the paperwork, but in some cases, it may take up to 48 hours for the judge to sign the order.
Regardless of whether you receive a temporary order, a hearing will be scheduled, typically a few weeks after you file the paperwork.
The person against whom you are filing the restraining order must receive formal notice that the restraining order has been filed. This formal notification process is called "serving" the appropriate documents.
The judge cannot grant any long-term orders until the documents have been properly served and the other party has been notified.
Misuse of a protection order
Unfortunately, it is also possible for Protection Orders to be misused. A falsely obtained Protection Order can have devastating effects regarding custody in a divorce. Some men can be thrown out of their houses and kept from their children for a period of time without ever having the opportunity to tell their side of the story.
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Related Reading: Fighting False Abuse Allegations
