Understanding the legal process of obtaining a domestic violence restraining order can be empowering. It's a civil remedy, where you file a case in a civil court, arguing for protection against the other person. This knowledge can give you a sense of control in a situation that may feel overwhelming.
So, the court will grant a domestic violence restraining order, and the judge will decide how long it will be. It could be anywhere from one to five years. You have to make your argument as the person requesting the order, and if you're successful and receive the order, then you have to make your argument as to how long you want the order to last.
If you want the protective order to be in effect for a longer period, you'll need to provide a compelling reason. For instance, if the perpetrator has a history of violence or if you fear for your safety, these are valid reasons for requesting a longer protective order. Other examples of compelling reasons could include ongoing threats or a pattern of stalking. The judge will consider these factors when deciding on the duration of the order.
However, I think one thing that people need to realize is that there is also a criminal aspect affecting some of these cases. In other words, if related to the same domestic violence issue, someone is charged criminally. The person charged criminally will be in a position where they will appear in criminal court, and in that court, the judge will issue what is called a criminal protective order.
It's just as effective, if not more so, than a restraining order because a criminal protective order has the backing of the criminal court. So, the person is now put on probation.
During the probationary period, which can last one to five years, the judge will issue a criminal protective order, essentially ordering the defendant or the offending party to stay at least one hundred yards away from the victim.
Violation of Protective Order
If they violate a protective order, there will be a new criminal case filed against them, and a probation violation will also occur. They're going to have two things staring them in the face. It's obviously a very effective weapon to have that criminal protective order filed against you.
So, that's why I've seen the restraining order dismissed and the criminal protective order put into place. Now you're in a position where the person violates, they're looking at a double whammy, and a lot of criminal defendants obviously don't want to be in a position where they're violating the criminal protective order.
As a criminal defendant, you're not alone in navigating the complexities of protective orders. Your criminal defense attorney is there to guide you through the process, from the domestic violence restraining order hearing to the criminal hearing. They will ensure that both the protective order and the restraining order issues are handled correctly, protecting your rights every step of the way. Your attorney will also advise you on the implications of violating a protective order and the potential consequences.
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