It can be really confusing, keeping up with the differences between a protective order and a no contact order. They’re similar but they have different requirements to acquire them, and do different things. It is important to know the difference, and if you have trouble understanding the use of an order assigned to you, you can talk to a protective orders lawyer such as the ones available at May Law LLP.
The better you understand the process of a restraining order, the better you’ll be able to understand how it can affect your life and your family, as well as understand what to expect when a restraining order is issued against you.
Anyone can file for a restraining order if they have been a member of your household or are currently a member of your household for a restraining order against domestic violence. They do not need to be blood related or married to you to get a restraining order, and can even be someone you dated or have a child with.
Restraining orders do not always necessitate criminal charges, but the person filing the order can choose to file criminal charges against you as well–such as filing domestic violence charges against you. Most states give the protected person up to a year to file criminal charges after a restraining order goes into effect. The police can also choose to file charges without the protected person’s permission, especially if they find evidence like a weapon being used on the protected person, or the protected person has been injured or has a history of injuries that are suspicious.
You may be wondering what happens at a hearing, and the answer is… you should consult with a protected orders lawyer before the hearing, to get advice on what options you should take. You can admit the allegations were true and accept the conviction. But you can also agree to the conviction without admitting guilt on the record. And finally, you can try to get the restraining order pardoned or overturned by a judge.
Restraining orders start out with ten days, which is usually the amount of time it takes for the court to come to session regarding the order. On the date the order expires and you’re going to court, the protected person and the person that is accused need to come to court. The hearing decides if the order continues, both people make their cases to the judge. Always bring a protective order lawyer to court, no matter what position you’re in when dealing with a restraining order.
When somebody has a restraining order filed, you may not speak to them directly, always speak to their lawyer. Don’t mess up and follow the rules to lessen legal issues that may arise. Restraining orders are hard, and they can sometimes make you move out of the residence if you shared it with the person that filed. Not every restraining order has the same rules, so talk to a lawyer about the type of order you are dealing with.