What is Restraining Orders?
Orders of Protection are typically described as “Restraining orders”. Certainly, an Order of Protection is a type of Restraining Order. Orders of Protection are enforced by local law enforcement with criminal penalties, if violated. Restraining Orders are typically what we refer to as a restrain order in a family law case that is enforced by the family law judge via a “contempt” power of the court. This means your attorney will want to file a motion and have a hearing on any alleged violations of the restraining order.
Restraining Orders can have the same remedies and services an order of protection but is solely enforced by a family law judge.
Restraining Orders can
- Prevent a party from contacting the victim in any way, including in person, by phone, or online
- Prevent a party from coming within a certain distance of the victim
- Require a party to attend counseling or turn over any weapons
In family law cases where a party’s conduct does not rise to the level of safety concerns where an order of protection would be warranted. Often times, an attorney will seek a restraining order to rectify the toxic conduct or actions of the party. Many times, this includes detail codes of conduct that a party must follow or abide by while the case is pending and after.
What is the Process of a Restraining Order?
To obtain an emergency order of protection, the petitioner needs to file a petition at the courthouse, or online if allowed, then go in front of a Judge (without the other party’s presence) and put forth evidence of abuse and imminent harm by the other party. Keep in mind that this evidence can simply be the word of the petitioner and nothing else. Without the defendant or other party being present, this is called an emergency “ex parte order of protection”.
Does a Restraining Order Cost anything?
No. There are no fees obtaining a Restraining Order, Order of Protection or for the service of that Order. However, if you lie on an Order of Protection, you can be ordered to pay the other party’s reasonable costs and attorney’s fees. You will need to have a valid address for the person against whom you are filing the Petition so your Petition can be served on the respondent at a later time.
How long does a Restraining Order last?
An Emergency Order of Protection may be in effect for up to 21 days, an Interim Order of Protection for up to 30 days and a Plenary (Final) Order of Protection for up to 2 years.
How can Watson Law help you with a Restraining Order?
At Watson Law, we take Restraining Orders very seriously! No one should endure or suffer, including children any violence, harm, physical or mental abuse.
Our clients have our personal emails and cell phone numbers for issues surrounding:
Schedule an Appointment today with Watson Law for all Restraining Orders or Orders of Protection Issues.
