An Order of Protection is the limitation issued by the court against the defendant's behavior when they have tried or threatened to hurt the plaintiff. This Protective Order can only be granted by a judge so an attorney should be contacted immediately after the offense by the defendant so that the judge grants the order as soon as possible to avoid any complications. The plaintiff should visit the Protective Order Centre in person and complete all the paperwork; online request for a Protective Order is not preferable. The effect of a restraining order remains functional for a year after the issue date.
What type of offense demands an Order of Protection?
Such restraining orders are usually issued against domestic violence, workplace harassment and obsessive/addictive behavior of the defendant towards the plaintiff. In case of domestic violence, a Domestic Violence Advocate should be contacted who will help the plaintiff, with the help of their previous experience, to find shelter, psychological help and a restraining order.
Does the defendant have any rights in such a case?
Yes, the defendant has the right to issue one hearing against the Order of Protection to prove the falsehood of the accountability associated with them. If the defendant is ordered to surrender their arms and ammunition, they should submit it in the nearest local police department. The arms can be restored after the period of restriction is over.
Is there any fee required to file a petition for Order of Protection?
There is no fee required to request the grant of a restraining order or to file a complaint against harassment; although to file a complaint against harassment at workplace, one has to pay around $300.
Can a Protective Order be filed against more than one person?
A Protective Order cannot be filed against more than one person at the same time. A case should be filed against each individual if more than one person is responsible for harassment or abuse. However, a defendant can be limited to contact more than one person. For example, if a mother files a complaint against a person for threatening her, her children are also protected by the court from the defendant.
Does the plaintiff have to provide home, workplace addresses and other information to the defendant's attorney?
Home and workplace addresses of both parties are to remain confidential although a mailing address is required by the court for updates such as changes in dates of hearing etc. However, it is made sure that the contact information remains withheld from the defendant as a security measure. Similarly, the plaintiff is not provided with the defendant's contact information or address. It is advisable for the plaintiff to keep a copy of the Protective Order with them all the time so that if the defendant appears, they can show the copy to a sheriff or a police officer to request immediate protection as it is a legal violation from the defendant's side. The police has the right to arrest the defendant in case of such a violation.
How do I get immediate help in case of abuse at home or workplace?
In case of domestic violence, the plaintiff usually does not have to time or psychological stability to go to court to file a complaint. In such cases, it is advisable to call 911 immediately to avoid any injuries or further abuse. The plaintiff must contact and attorney and request a Protective Order as a simple call to 911 cannot stop the abuse. The plaintiff should go to the nearest Protective Order Centre and contact an attorney to legally file a complaint against the defendant and to ensure their safety.