This is an interesting question because a lot of times people get confused; when you're talking about a domestic violence restraining order, you're talking basically about a civil remedy, where somebody files a case in one of the civil courts and makes the argument that they want to be protected against this other person.
So, the court will grant a domestic violence restraining order, and the judge will decide how long it will be. It could be a year, two years, three years, or five years. You have to make your argument as the person asking for the order, and if you're successful and get the order, then you have to make your argument as to how long you want the order to be.
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. The judge will consider these factors when deciding on the duration of the order.
But I think one thing that people need to realize is that there's also a criminal act affecting some of these cases. In other words, if related to the same domestic violence issue, someone is charged criminally, then that person who is charged criminally will be in a position where they will be in criminal court, and in that criminal court, the judge is going to issue what is called a criminal protective order.
It's just as effective and more effective than a restraining order because a criminal protective order has the criminal court backing it up. So, now the person gets put on probation.
During the probationary period, which could be one year, two years, three years, or five years, the judge will issue a criminal protective order, basically ordering the defendant or the offending party to stay a hundred yards away from the person.
Violation of Protective Order
If they violate a protective order, number one, there will be a new criminal case filed against them, and there will be a probation violation. 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 a lot of time 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.
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