A protection order, also called a restraining order, is a legal way to provide a level of safety against people who are threatening them. If someone has experienced violence, assault, stalking, threats, or other abusive and dangerous behavior, they can file a civil protection order against their abuser.
A civil protection order is court-ordered and will keep the restrained party away from the protected party that filed the order. It may prevent a restrained party from coming near your home, your loved ones, or your place of work. It can even make them move out of your home if you live together. Protective orders institute no-contact orders, meaning that the restrained party cannot contact you for any reason.
There are several reasons why a person may file a protective order against someone. Most often, this is done to ensure their own safety and the safety of their loved ones. It also offers additional safety, provides distance between a person and their abuser, and gives them time to contact an attorney for additional protection. If the restrained party violates the protection order, they face criminal charges. These consequences mean that restrained parties rarely violate protective orders.
Depending on the terms of a civil protective order, it may:
While a civil protection order is part of civil law, a mandatory protective order (MPO) is part of criminal law. The court files an MPO, and this is done whether the victim files for a civil protection order or not.
An MPO prevents a restrained person from retaliating against, harassing, or interfering with victims and witnesses. Criminal protective orders last until acquittal or until the restrained person is convicted and sentenced.
To obtain a protective order against someone who is harming you, you must file for a restraining order. Before the court hearing, a temporary protective order may be set in place. This usually lasts for about two weeks. Then, in court, it is determined whether a permanent protective order will be issued.
A civil protection order can be ordered by victims and by employers. If there has been serious harm, violence, or threat of violence, you can request a civil protection order from the court to keep the person who harmed you away. A protective order means that they are legally required to stay away from you, your home, or your place of business. The exact requirements depend on the terms of the order.
If you are served a temporary civil protection order, it can be challenged during the hearing for a permanent civil protection order. To do so, you need an effective attorney representing you who can explain your side of the story. Failing to go to a court hearing will likely ensure that a permanent protection order is made against you. Once a permanent civil protection order is passed, it can be dismissed, but the process is more complex.
The point of a protection order is to protect the victim of abuse and violence from their abuser. A civil protective order can be issued against anyone who has harmed you, including strangers. However, it is most commonly issued against family members, roommates, or ex-partners for domestic violence or sexual harassment. A protective order is a legally enforceable court order that keeps the restrained party away from the victim.
If you are in danger from stalking, abuse, or threats of violence, know that you can file for a protective order to keep yourself safe. You have the right to feel safe. A Denver protection order attorney at Johnson Law Group, LLC, can help you through legal procedures quickly and effectively. Contact us today to schedule a free consultation.