The Protective Order Defined

What is a protective order? The protective order is a first line of defense for protection against physical, mental, sexual and emotional abuse. If you are feeling threatened by another person, but they have not physically done something to you law enforcement cannot do anything to protect you. The protective order is the tool to provide that protection. It is frequently confused with a restraining order.

What are Protective Orders?

Protective orders are available for adults, children, and other people in your care. This order can include keeping the individual away from your home, work, or children’s school or any other place you frequent. To get a protective order you need to find a good family law lawyer. The lawyer will sit down with you and fill out the necessary paperwork to get a protective order. If the judge decides you qualify then a temporary protective order will be granted. The temporary protective or will indicate who is protected and what areas are restricted for the person you need protection from. The order might contain restrictions for the possession of firearms or taking the children out of state and make provisions for parent-time visitation. The court will then set a date for you to come back in and prove you are in a situation requiring a protective order. The local authorities will serve the papers to the individual accused of the abuse. Now, if the person in question is causing problems or making contact with you, you can go to the police and they can do something about protecting you from abuse.

Court Appointment for Protective Orders

When the date arrives that you are required to appear in court before a judge to present your proof that the other individual is a danger to you or your loved ones, then is definitely the time to have a lawyer with you. You should select a good lawyer to represent you before or as soon as you apply for the protective order in order to give them enough time to prepare your case. A good attorney will be able to show the court why the protective order should be made permanent. He or she will know how the system works and the rules for appearing in court and is the best person for presenting your case.

Once the protective order is in place, it can stay in place for at least two years. You can request that it be lifted or changed at any time, but the other individual can ask for it to be lifted after the two years is up.

Kelly Peterson
About the Author

Experienced Divorce Lawyer Kelly Peterson handles child custody, visitation, paternity, grandparent rights and mediation cases.

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*Child Welfare Law Specialist Nat’l Assoc. of Counsel for Children