What Is an Order of Protection?
Orders of protection are legal documents issued by the court on behalf of someone who has been abused or is afraid of being in danger of abuse. It is a civil order created by law and relies heavily on equitable principles. The order must be requested by someone who thinks they need help under the law, and it can be issued at any time during the relationship or after it has ended.
There are several types of protection orders. Each type gives you different rights and protections for a specific time. They include:
- Emergency Protection Orders: An Emergency Order of Protection, or EPO, is the same as a standard Protection Order, except it is issued over the telephone or through a web portal. In some counties, you can get an EPO on the same day you apply. An emergency order of protection remains in effect until the next hearing date assigned by the Judge.
- Temporary Restraining Orders: Temporary Restraining Orders (TROs) are issued after the abuser is served with a notice of the petition and temporary relief requested by the victim, so they have time to get ready physically and financially for the final Order of Protection. Most states allow victims to receive an Interim Order of Protection before their case has been heard in court. This might be possible if you prove that your abuser intends to harm you immediately, such as through a threatening letter or phone call. An Interim Order is only good for about two weeks. However, a judge can extend it for about two months after a Temporary Restraining Order has been served on the abuser.
- Permanent Restraining Orders: A permanent restraining order (PRO) or civil protection order (CPO) is issued in cases involving domestic violence and lasts until the case has been resolved. Either order can be issued against anyone 18 years or older who is not part of your family or household, meaning you do not have to live with the person to get an order. This includes roommates, landlords, neighbors, coworkers and other non-family members.
How Does an Order of Protection Help?
An order of protection gives you many rights if someone with a close relationship abuses you. It can protect you from physical harm and harassment. It also makes the abuser ask permission before visiting your home or spending time with your child. If you are not the abuser’s current or former spouse, partner (including same-sex partner), live-in companion or minor child, they generally cannot buy a gun while the order is in effect.
Contact Us Today
Legal orders of protection provide much-needed protection from dangerous and potentially violent individuals. For guidance on getting a protection order contact Strategic Divorce today; your safety is our priority and we’ll help keep you from danger or harm. Call us at (847) 234-4445 and book an appointment today.