Most people confuse protective orders with restraining orders and it’s not difficult to see why. However, there is a clear distinction between the two. This guide will highlight the differences between both as well as how they work.
Protective order for family violence
Protective orders are often issued to victims of sexual abuse or stalking. It also applies to people who are in a violent relationship. Unlike restraining orders, you do not need a criminal case to get a protective order. You only need to contact an Annapolis protective order lawyer to get the ball rolling.
Courts often consider some factors before granting a protective order for people in the three groups mentioned earlier. For one, the victim must be in danger to get an order. This danger may include threats of violence or sexual assault. So it is technically a preemptive measure to keep potential victims safe from vulnerable positions.
Where the violence emanates from a family situation, the order protects the victim from both physical abuse and threats of the same abuse. Also, it restrains the abuser from reaching out to the victim. However, it may be a bit similar when it comes to the physical distance required between both parties.
The potential abuser cannot be near the victim or their family members. It could also include the workplace and school of the victim or their kids.
Specific types of protective order
There are four main types of protection orders: restraining orders, anti-harassment orders, domestic violence prevention orders, and no-contact orders.
The restraining order is a broader measure that can be filed after an existing family court issue. On the other hand, the anti-harassment order prevents a person from intimidating, harassing, and threatening a victim.
The domestic violence prevention order is issued against family members such as spouses, co-parents, and parents. As mentioned earlier, it keeps the family member from contacting the victim or committing acts of violence against them.
How protective orders work
If you are worried about being hurt or threatened, you could seek a protective order from the court. When you contact a lawyer, they will inquire about whether you have been hurt by someone. Or whether you’re worried that the person may attempt to hurt you or your spouse is close to the person who attacked you in the past.
This often applies to people who are in the process of getting a divorce. So it could be relatives of your spouse or their friends. After the order is issued, the abuser cannot disobey it. If they do, they will be subject to fines and even imprisonment in severe cases.
For protective orders, the duration depends on the type filed. Some are temporary to leave things the way they are until after a lawsuit is concluded. This could be within a 21-day window. On the other hand, some orders may be permanent lasting for up to two years based on evidence of extreme violence. There are also emergency protective orders based on the urgency of the case.
