Protective Orders, or restraining orders are issued by the court to protect a person from being harmed by somebody they are close to, such as a family member. Protective orders are only issued when there has been an incident of domestic violence and when the person who is seeking the order has a specific type of relationship with the person who committed the violence. These relationships include the following:
- Previously married
- Blood relationships
- Live in the same household
- Parents of the same child
As a judge decides whether to grant the protective order, they will take into consideration certain factors, such as the specific acts of domestic violence that took place and the dates on which they occurred. The judge must also find that there is a relationship between the person seeking the order and the one accused of the violence. It’s important to seek counsel from an experienced family law attorney as the petition for the protective order is completed and filed to assure the right information is conveyed.
Orders of protection last for one year and, in some cases, grant the petitioner with exclusive use of the home that they may be sharing with the person who committed the crime.
Injunctions Against Harassment
Similar to protective orders, injunctions against harassment are designed and issued by the court to protect a person from someone else. The difference is that an injunction against harassment can be directed at anyone, even if there is no relationship with the person seeking the injunction. The injunction could be for a neighbor, co-worker, or even a friend.
In order for a court to issue an injunction against harassment, it is first necessary to prove or show evidence that the person accused of harassment is actually harassing the victim. According to the law, harassment is defined as a series of acts over any period of time that is directed at a specific person that would cause them to be seriously alarmed, annoyed or harassed. The judge would also take into account whether the actions would alarm, annoy or harass a reasonable person.
As with protective orders, injunctions against harassment last for one year.
If a family member, neighbor, or co-worker is harassing you, give Crider Law a call today. We’ll discuss the situation in detail and put together the appropriate petition for the courts.