A protection order, commonly known as a restraining order, is a legal directive to protect the individual from harassment and abuse. Courts issue such orders when to protect the individual from the perpetrator of the domestic violence. The primary purpose of the protection order is to provide a legal remedy to the person who feels threatened and endangered.
People must be aware of such orders and use them whenever required. So, in this article, we will discuss what a protection order is and other details. You can find out more about this order in this article, so stay tuned with us.
Table of Contents
What is a Protection Order?
A protection order is issued by the courts to ensure the safety of the individuals in the domestic violence case. It is an order against the individual who harm their partners in the form of domestic abuse, harassment, sexual assault, stalking or any other form of domestic violence.
It is considered as a protection order issued by the courts in a criminal case. The victim may request this order, and if the court finds the required evidence, they can provide this order to the victim.
What is the Provisions of Protection Order?
- The perpetrator should stay away from the victim
- Stop the communication from all forms, even through another person
- Continue payment of rent for the victim.
- Pay child support for a temporary period
- Surrender any weapons or firearms to the police
- Visit for regular drug and alcohol testing and also attend counselling sessions.
- Stay away from children or visit them under supervision
What are Various Types of Protection Orders?
A protection order is a legally binding agreement and is enforceable by law enforcement officials. There are two types of protection orders, which include temporary and permanent protection orders.
- Temporary Protection Order: It is an order to give immediate protection from the abuser to the victim and their family members. The petition is filed in the court, and the judge will ask for the evidence; if the judge feels that there is immediate danger, then they can order a protection order. Once the judge orders for the protection order, it comes into existence. However, it only lasts for a short period. The court will order a full hearing for both parties, and when the judge feels that the order should be stayed, they will continue with it or terminate the order.
- Permanent Protection Order: When there will be a full hearing and once the judge is satisfied with the testimonies from the victim’s side, the judge can order for a permanent order. The court will modify the temporary orders and turn them into permanent ones. Once it is applicable, the restrictions will be applicable to the abuser.
In essence, the protection order is to protect the victim of domestic violence from the abuser and provide them space to fight their case without any threat.