Orders of Protection Lawyers
If you find yourself in a situation where you fear for your safety, you can file to obtain an order of protection. Once the order is filed, the other party is to stay away from you until a final resolution is put in place. Sometimes, that order is in effect for several years or the rest of your life. Most orders include refraining from detailed types of contact aside from only physical contact. When you file for an order of protection, there are two types that could be given. The most common would be if you are in a domestic partnership with another person and feel that you need to be protected from that person after a situation arises. The other type is a no stalking and no contact order. This is usually for those who aren’t in a domestic partnership with another person but who still feel as though they need to be protected from the other party.
Who Can File?
Anyone can file to get an order of protection. If you are the one who is securing the order, then you would be considered the petitioner. The person who receives the order is the respondent. Other people can be included in the order as needed, such as family members or friends of the respondent. You can also include other people who are protected in the order, such as your spouse, family members, or children. When you file the order, you need to be able to show that there is a relationship present in some way between the respondent and the person who has been abused or who have been alleged to be abused. Common relationships include parents and children, spouses, and even roommates who have issues arise that result in some kind of abusive relationship. Healthcare providers can also be included in an order of protection if there are suspicions that any kind of abuse has occurred or there is a fear for the person’s safety.
The types of contact that are prohibited between the respondent and the petitioner vary based on the allegations that are brought forth when the order is secured. The judge can decide on the best remedy for the situation based on the details that are given when you obtain the order. Stalking, harassment, physical contact, and making contact by phone or email are usually the most common forms that are prohibited in protection orders.