Protective orders, also called restraining orders, are issued by the court when one person accuses another of violating someone’s safety. A long process, it involves working with law enforcement as well as the court. Furthermore, it could be created for multiple reasons such as the suspicion of sexual abuse or a threat of violence. If you’re currently, involved in such a case, here are three things you should know about the system.
There Are Stages
Someone can’t just walk into local police station and receive an injunction. It takes time. The accuser should speak to police, providing details of abuse as well as where the suspected abuser lives or could be located. If there is sufficient information or evidence of the threat, the court can issue an emergency injunction, lasting up to three days or the first hearing. This transfers to a preliminary protective order after time in the court room. At this point, both parties need counsel and should prepare to attend a trial. The accused has a chance to defend his or her actions. Should the court side with the plaintiff, a longer, more permanent protective order is given. Both parties should be very aware of the criteria for a protective order fairfax.
It’s About Space
Once the decision is issued, the order requires physical separation as well as removal of other contact. It is the hope that space might eliminate the threat and provide some relief.
The Accused Could Have To Pay
While in court, the judge could order the defendant to pay the plaintiff for various bills such as child support, portions of mortgage payments, or medical bills. Separation does not mean removal from financial support.
Protective orders create separation in an attempt to diffuse dangerous situations. Both parties should be aware of state laws and procedures.