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Orders of Protection

Speckman Law, LLC > Orders of Protection
Restraining-Order

ORDERS OF PROTECTION


Protection Order or Restraining Order:

 

A

court order prohibiting family violence; especially an order restricting a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. This type of order is issued most commonly in cases of domestic violence. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government’s interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse. Black’s Law Dictionary 1428-29 (9th ed. 2009).

An Order of Protection is a document issued by a court and signed by a judge to help protect a party from harassment or abuse. In an Order of Protection, a judge can set limits on the other party’s behavior and contact with the party seeking the order.

Although these orders won’t necessarily stop an abuser from stalking or hurting a victim, they give law enforcement the authority to arrest the offending party if they violate the court’s order. An experienced family law attorney can assist you with the requirements for obtaining an Order of Protection, advise you on how to best respond to an offending party, and defend you in court to ensure the order stays in place.

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