Attorney
The fear experienced by victims of violence, stalking, or sexual abuse can linger for a long time, perhaps indefinitely, after a certain incident occurs. The threat of harm too can linger for quite a bit of time. That is why there are certain legal protections victims can have a court put in place. An order of protection, or “protective order,” for instance is one such legal protection.
What is an Order of Protection?
A protective order can be available to victims of domestic abuse, sexual assault, and dating violence, as well as those victims of stalking and human trafficking. Essentially, a protective order is a court order requiring the abuser of a victim not to hurt, threaten, or harass the victim or the victim’s children. This includes both direct threats or those made through another person. A protective order further orders the abuser to stay away from the victim and their family, as well as the victim’s home, workplace, and children’s school or day care. It will also prohibit the abuser from carrying a gun even if they have a license.
In addition to the above, a judge can put additional conditions and restrictions in a protective order should the situation merit it. For instance, if your cell phone is connected to the abuser’s cell phone account, the protective order can include an order separating your cell phones. The order can also require the abuser to pay for child support and medical support as well as set terms and conditions for child visitation. The order can also require the abuser to:
- Attend anger management classes
- Undergo drug testing
- Attend a substance abuse treatment program
- Leave a shared residence
T
he length of time a protective order lasts will depend on the type of abuse. Some, such as those for assault and stalking, can last for life. If the abuser subject to the protective order violates the terms of the protective order, they can be arrested and face criminal charges. For multiple violations of a protective order, they will likely face multiple felony charges.
It is important to be mindful of the fact that there are certain requirements that must be met in order for a protective order to be issued. The specifics of what you must show to get a protective order will vary depending on the type of protective order you are seeking. If you are seeking a family violence protective order, you must be able to demonstrate that violence has not only occurred, but that it is likely to occur again in the future.
If you have been the victim of abuse or domestic violence, do not delay in applying for a protective order. Your chances of getting a protective order are highest when there is an immediate threat of danger. Document any incidences of abuse to help support your case.
Family Law Attorneys
Are you seeking a protective order? Reach out to the family law team at Navarrete & Schwartz for trusted legal support. We are proud to serve the residence of Midland, Texas. Contact us today.