Multi-State Order of Protection Lawyers
Orders of protection (or protective orders) — often called restraining orders — are legal orders issued by state courts. These orders require one person to stop harming another. They are designed to protect adults and children against violent or harassing behavior.
We understand how the law can affect families. Our knowledgeable lawyers counsel clients on what decisions to make when seeking or defending against orders for protection. We also stand up for them in court, working hard to protect their rights.
If you or someone you care about has become the victim of domestic violence, it may be possible to take legal action to make the violence stop. You may qualify for a protective order against a household member.
Many different family violence victims — both adults and children — qualify for an order for protection against a household member:
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Spouses
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Live-in girlfriends and boyfriends
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Ex-spouses
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Parents, both married and unmarried
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Same-sex partners
We represent these people. We also represent people who are wrongly accused of causing domestic violence. Regardless of who you are or what your situation is, domestic violence can touch your life in ways you never intended.
Other Similar Relief
In some cases and states, the terminology can vary somewhat regarding the relief sought. It may also be problematic to seek a protective order when an existing custody order is in place. In many of these instances, a party’s best option might be to file a motion to modify and/or make a hotline call.
Regardless, below is a description of restraining orders, protective orders, and injunctive relief (all of which may be options):
- Restraining orders: A temporary court order issued to prohibit an individual from carrying out a particular action, especially approaching or contacting a specified person. Restraining orders(or “orders of protection” or “protection orders” as they are called in some states) are most often used to protect an adult from abuse, threats of abuse, harassment, or stalking.
- Protective orders: As referenced above, a protective order is a court order instructing a person to desist from abusing or harassing the petitioner for a fixed period. Some states issue protective orders in an emergency without having a hearing. “The exercise of parentheses patriae jurisdiction should be limited to those cases where there is substantial evidence of a grave emergency affecting the immediate welfare of the child. Generally, judicial relief in such cases should not extend beyond the issuance of temporary protective orderspending the application to the court of the rendering state for appropriate modification of the custody decree.”
- Injunctive Relief: Injunctive Relief is often only granted in emergency cases to prevent an injury while the child custody case is ongoing. It involves the discretionary power of the court in which the court, upon deciding that the plaintiff’s rights are being violated, balances the irreparability of injuries and inadequacy of damages if an injunction were not granted against the damages that granting an injunction would cause. In a child custody case, the court may grant injunctive relief against a parent who has refused to comply with a child custody order or some other aspect of a parenting plan. It can also be used as a tool to prevent one parent from alienating the other or taking a child away from the other parent permanently.
What Happens if an Order for Protection is Violated
If an order for protection is violated, the consequences can be serious. Violators can be arrested and prosecuted for a crime. They may also face a contempt of court action and be held in contempt of court. If the violation involves the failure to surrender child custody of a child, the child involved will be turned over to the custodial parent — and the violator will be arrested.
Contact Our Multi-State Family Law Attorneys to Schedule an Initial Consultation
Contact us online or by phone to schedule a confidential consultation at any of our convenient locations at 855-805-0595.
