An order of protection, otherwise called a restraining order, is a means of protection for individuals against abuse, harassment, or threats. It serves to curb acts of violence and is a means for victims to find a safe space to seek justice.

Any individual facing threats or violence from someone should file a police report immediately and seek legal assistance to obtain a restraining order. A lawyer can help you explore your rights and options, guiding you through the process of obtaining an order of protection to help you break free from a cycle of fear and danger.

Types of Orders Available

There are several types of restraining orders, with different levels of protection, that serve different purposes. The following are the most common types:

Emergency Order of Protection

An emergency order of protection, just like it sounds, is issued by a judge for emergencies. This grants individuals immediate protection from those threatening to harm them. This order only lasts for a few days and is a temporary measure of protection. Individuals under threat will have to file for a temporary or a permanent order of protection for a long-term solution.

Temporary Order of Protection

A temporary order of protection is granted for a period of around 30 days. Beyond that time, the validity of the order will be decided by the court. This order also serves as a temporary solution to a threat, stalking, or domestic violence situation. These orders are issued after a hearing in which the judge decides the case, often considering the severity of the threat or danger.

Permanent Order of Protection

A permanent order of protection is a legal ruling that prevents perpetrators from coming into contact with or attempting to contact victims. This can last for months or even years. It is issued after a full court hearing where both the assailant and the victim have to be present. A judge decides the ruling after checking the evidence presented. These long-term orders provide security and a sense of relief for those who are being targeted.

Purpose of Seeking an Order of Protection

If you feel your safety is at risk due to the actions of someone, whether that is through threats, stalking, or acts of violence, you have the legal option to obtain a restraining order against them. These orders prevent perpetrators from contacting victims, and failing to comply with the order can result in criminal prosecution.

The primary purpose of these orders is to protect victims by restricting access to them. An order of protection can also give victims time to seek justice by filing for a permanent order of protection and criminal charges against the offender. It also gives them time to find safety—either mentally, physically, or legally.

Orders of protection can be critical in cases with children involved or cases where the victim and perpetrator share a residence. It provides victims the opportunity to sever ties with the perpetrator and regain control over their environment.

Conclusion

An order of protection is an essential tool for those facing the threat of violence or harassment. Depending on the situation, victims can apply for temporary or permanent orders of protection. Different orders provide varying levels of protection and have different legal consequences for the perpetrator. Hiring a lawyer is crucial to gathering evidence and filing for the right type of order of protection. If you find yourself being threatened by someone, be sure to contact law enforcement and file a report. Then, reach out to a competent family law attorney who can help you file an order of protection and ensure your safety.