Category Archives: Restraining Order

Let’s take a look at the similarities and differences between no-contact orders and restraining orders.

What Is A No-Contact Order?

Essentially, a no-contact order is when the court orders that the person who committed the alleged assault is not permitted to contact whoever filed the charge. Typically, this is the victim in most cases who files the charge.

One of the main differences between a no contact order and a restraining order is that the no-contact order is filed after a crime has been committed. Meanwhile, a restraining order is filed in order to prevent a crime from occurring.

What Is A Restraining Order?

A restraining order requires the parties named in a lawsuit to do certain things or not to do them. It could be part of a family law case (perhaps divorce) or a matter for the civil courts. Although this is not identical to a domestic violence restraining order, domestic violence is sometimes a factor in a family law case.

It may be the case orders are requested what is known as “ex parte” so that only one party asks the court to do a particular action without notice to the opponent, then the other party is permitted a hearing so their side of the story may be heard. As there are differences in restraining orders on a state-by-state basis. It is of great importance to consult with an attorney who is familiar with the law in the area you reside. If a criminal court case is pending, the district may or order (from the judge) a protection order for the victim of the crime.

What Are The Differences Between A No Contact Order And A Restraining Order?

A restraining order will be filed by the individual that is seeking protection. Once the order has been filed, the individual must wait to have a court hearing before the judge makes a final decision. If the restraining order is put in action, the other party will be banned from approaching or contacting the individual.

On the other hand, a no-contact order is placed in order to protect the victim(s) of a violent crime. A no-contact order will prevent the other party from approaching the individual, although they can still communicate through text messages and letters. Instead of the victim, the prosecutor is responsible for filing the no-contact order.

Typically, the no-contact order lasts through the arrest and sentencing process but can be extended when the accused person is released from jail.

Different Types Of Protective Orders

There are three principal options available to you when you have been the victim of domestic violence. We will also cover what occurs when an order has been violated and how orders are enforced when they cross state boundaries.

Emergency Protection Orders

In many states when the police have been called out to a domestic violence situation, one of the individuals is requested or told to leave the home. Frequently, this is the perpetrator of the abuse/ However, sometimes, the police may be unsure of who the aggressor is. Roughly a third of states say the police are authorized or required to remove firearms when they arrive on the scene where the domestic violence incident took place.

In some states the police can offer the victim what is known as an EPO (Emergency Protection Order.) It a very short-term order for a limited time such as 3 to 7 days giving the victim the window of opportunity to request a longer-term court order of protection for a longer period of time.

Protective Orders

Every state and the District of Columbia have statutes offering some type of protection order. But not every state uses the same names or terms. New York, Illinois and Texas know them as protection orders or orders of protection. In California, the same thing is referred to as a restraining order. An injunction for protection against domestic violence is what it is called in Florida.

An EPO is different than a protection order as it is longer term, usually lasting from one year to five years and in certain circumstances, perhaps a lifetime. A victim may renew the order when the old one has expired if they still feel threatened by the behavior and words of the abuser.

A protection order may include (but are not limited to) the following details:

• An order may have a counseling provision whereby the abuser is ordered to attend classes such as anger management or batterer’s intervention.
• There may be a firearms provision where the abuser must surrender any and all guns in their possession and in roughly 66% of the states it also prevents the abuser from purchasing a further firearm.
• When the abuser is obliged to leave the home that they share with the victim, this is known as a move out provision.
• A stay away provision requires the abuser to keep a certain distance from the victim’s work, school or car. The stay away amount can vary greatly but the minimum is usually at least 100 yards or 1000 feet.
• Permitting the abuser to have peaceful communications with the victim for limited reasons only is known as a peaceful contact provision. This also covers when a child or children’s care needs to be discussed and when the child or children are being transported for visitation purposes.
• Conversely, a no-contact provision means the abuser cannot, talk, call, stalk, email, hit, attack, disturb or harass the victim of domestic crime.

Protection orders may include other family members, roommates, children or the current romantic partners of the victim. This means the same rules as above apply to other individuals who have been listed, even when they were not the direct cause of the abuse the victim had to endure. There are also some states where this protection extends to pets as abusers have sadly been known to torture pets as acts of revenge.

In some state’s custody and visitation of the children are decided with the order (in cases where the abuser and the victim were both involved in the lives of the kids). In most cases, these orders are temporary in nature and can be modified as part of the divorce process or future family court cases.

In order to obtain a protection order, the appropriate paperwork must be filed with your local court. They will follow the state procedures and law so you may present evidence at your hearing and of course to serve the abuser. The police are sometimes available to serve the papers on your behalf.

Source

“Domestic Violence: Orders of Protection and Restraining Orders.” Findlaw, family.findlaw.com/domestic-violence/domestic-violence-orders-of-protection-and-restraining-orders.html

Victims of domestic violence have several options available when they want to take action, from criminal and civil retraining or protection orders. Of course, these orders on their own do not stop someone who is intent on causing you further harm but in most circumstances, they are very effective.  The victim can call the police and have the abuser arrested if the order has been violated. Read more about the different kinds of protection orders that are available to you and what the differences are between protective orders and restraining orders.

Different Types of Orders

There are three principal options available to you when you have been the victim of domestic violence. We will also cover what occurs when an order has been violated and how orders are enforced when they cross state boundaries.

Emergency Protection Orders

In many states when the police have been called out to a domestic violence situation, one of the individuals is requested or told to leave the home. Frequently, this is the perpetrator of the abuse/ However, sometimes, the police may be unsure of who the aggressor is. Roughly a third of states say the police are authorized or required to remove firearms when they arrive on the scene where the domestic violence incident took place.

In some states the police can offer the victim what is known as an EPO (Emergency Protection Order.) It a very short-term order for a limited time such as 3 to 7 days giving the victim the window of opportunity to request a longer term court order of protection for a longer period of time.

Protective Orders

Every state and the District of Columbia have statutes offering some type of protection order. But not every state uses the same names or terms. New York, Illinois and Texas know them as protection orders or orders of protection. In California, the same thing is referred to as a restraining order. An injunction for protection against domestic violence is what it is called in Florida.

An EPO is different than a protection order as it is longer term, usually lasting from one year to five years and in certain circumstances, perhaps a lifetime. A victim may renew the order when the old one has expired if they still feel threatened by the behavior and words of the abuser.

A protection order may include (but are not limited to) the following details:

• An order may have a counseling provision whereby the abuser is ordered to attend classes such as anger management or batterer’s intervention.
• There may be a firearms provision where the abuser must surrender any and all guns in their possession and in roughly 66% of the states it also prevents the abuser from purchasing a further firearm.
• When the abuser is obliged to leave the home that they share with the victim, this is known as a move out provision.
• A stay away provision requires the abuser to keep a certain distance from the victim’s work, school or car. The stay away amount can vary greatly but the minimum is usually at least 100 yards or 1000 feet.
• Permitting the abuser to have peaceful communications with the victim for limited reasons only is known as a peaceful contact provision. This also covers when a child or children’s care needs to be discussed and when the child or children are being transported for visitation purposes.
• Conversely, a no-contact provision means the abuser cannot, talk, call, stalk, email, hit, attack, disturb or harass the victim of domestic crime.

Protection orders may include other family members, roommates, children or the current romantic partners of the victim. This means the same rules as above apply to other individuals who have been listed, even when they were not the direct cause of the abuse the victim had to endure. There are also some states where this protection extends to pets as abusers have sadly been known to torture pets as acts of revenge.

In some state’s custody and visitation of the children are decided with the order (in cases where the abuser and the victim were both involved in the lives of the kids). In most cases, these orders are temporary in nature and can be modified as part of the divorce process or future family court cases.

In order to obtain a protection order, the appropriate paperwork must be filed with your local court. They will follow the state procedures and law so you may present evidence at your hearing and of course to serve the abuser. The police are sometimes available to serve the papers on your behalf.

Restraining Orders

A restraining order requires the parties named in a lawsuit to do certain things or not to do them. It could be part of a family law case (perhaps divorce) or a matter for the civil courts. Although this is not identical to a domestic violence restraining order, domestic violence is sometimes a factor in a family law case.

It may be the case orders are requested what is known as “ex parte” so that only one party asks the court to do a particular action without notice to the opponent, then the other party is permitted a hearing so their side of the story may be heard. As there are differences in restraining orders on a state-by-state basis. It is of great importance to consult with an attorney who is familiar with the law in the area you reside. If a criminal court case is pending, the district may or order (from the judge) a protection order for the victim of the crime.

Violation Of Protective Orders

There are three ways a violation of protective orders may be handled:

• A felony charge is usually reserved for serious or repeat violations.
• A misdemeanor is often reserved for the same circumstances for serious or repeat violations.
• Some violations are considered not just as a new domestic violence charge but also considered as contempt of court. Though California have found it puts the defendant in double jeopardy. That said, in many states it is police procedure to automatically arrest these violators.  Put another way, if you have a restraining order in hand, and your abuser shows up and tries to contact you—just dial 911 and tell the police you have a restraining order, and the cops will show up quickly and will ask no questions and simply arrest your abuser.

Order Protection Enforcement In Different States

Victims of domestic violence often move to keep themselves safe from someone who has abused them in the past. The federal law that comes into play here is the Full Faith & Credit Clause of the Constitution makes a requirement for valid protection orders to be enforced in all US territories and every state as well as the District of Columbia. This means if an abuser stalks the victim in the victim’s new state of residence, the police have an obligation to uphold the protection order from the previous state.

Obtain Legal Advice With Domestic Violence Protection Orders

No-one should go through the horrors of domestic violence. Contact law enforcement without delay if your situation is becoming or is dangerous to you, your child or children. When you consider a domestic violence restraining order – it is a good idea to consult with an attorney who specializes in these issues and who can answer any questions you have, who can advocate alongside you in court and complete correct paperwork for you as well as filing it with the right people.

Source

“Domestic Violence: Orders of Protection and Restraining Orders.” Findlaw, family.findlaw.com/domestic-violence/domestic-violence-orders-of-protection-and-restraining-orders.html

Read on to learn more about restraining orders in Arizona and what happens if you violate your own restraining order.

What Is A Restraining Order?

A restraining order requires the parties named in a lawsuit to do certain things or not to do them. It could be part of a family law case (perhaps divorce) or a matter for the civil courts. Although this is not identical to a domestic violence restraining order, domestic violence is sometimes a factor in a family law case.

It may be the case orders are requested what is known as “ex parte” so that only one party asks the court to do a particular action without notice to the opponent, then the other party is permitted a hearing so their side of the story may be heard. As there are differences in restraining orders on a state-by-state basis. It is of great importance to consult with an attorney who is familiar with the law in the area you reside. If a criminal court case is pending, the district may or order (from the judge) a protection order for the victim of the crime.

Who Can Get A Restraining Order?

Courts can issue restraining orders for one of the following common parties:

• Harassers.
• Stalkers.
• Domestic abusers.
• Someone infringing on another’s copyrights.
• Employees/employers threatening to reveal sensitive information.

The most common reason for a restraining order to be issued is for the protection of women and children. No matter the state that the order is issued, the person who receives the order must respect it in all other U.S. states and territories.

How Long Do Restraining Orders Last?

In Arizona, a restraining order lasts for one year from the date the judge signed it or until it is quashed by a judge. If the judge believes you are still in danger, the restraining order can be renewed for one year at a time. To renew the order, you must file the court paperwork before the initial order expires.

Who Can Violate A Restraining Order?

The Arizona order of protection rules, for example, state that either party is capable of violating an existing restraining order. Even if the petitioner chooses to invite the defendant to a special occasion, doing so can bring legal action upon the petitioner.

In this case, the defendant can also get in trouble if he or she accepts the invitation. If the defendant is prohibited from contact via text, they could face legal consequences just for sending one message.

What Happens If You Violate Your Own Restraining Order?

In Arizona, Section J of Title 13-3602 states that every order of protection needs to include the following statement: “Warning: This is an official court order. If you disobey this order, you will be subject to arrest and prosecution for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.”

If a violation of the restraining order occurs, the following legal actions could result:

• Fines.
• Immediate arrest.
• Jail time.

What Can I Do If The Restraining Order Is Violated?

You can call the police. The officer must arrest the respondent if there is a good reason to believe a violation has happened. The respondent can be charged with contempt of court. If the respondent is found guilty of violating a restraining order, he / she can be fined, placed on probation or put in jail.

When dealing with a restraining order, it’s crucial to understand how long it will last. In Arizona, as soon as the order has been served, it is valid and enforceable for 2 years from the date it was served, according to AZ Court Help. However, if the order is not served, it will expire exactly one year from the date a judge issued it.

What Is A Restraining Order?

A restraining order requires the parties named in a lawsuit to do certain things or not to do them. It could be part of a family law case (perhaps divorce) or a matter for the civil courts. Although this is not identical to a domestic violence restraining order, domestic violence is sometimes a factor in a family law case.

It may be the case orders are requested what is known as “ex parte” so that only one party asks the court to do a particular action without notice to the opponent, then the other party is permitted a hearing so their side of the story may be heard. As there are differences in restraining orders on a state-by-state basis. It is of great importance to consult with an attorney who is familiar with the law in the area you reside. If a criminal court case is pending, the district may or order (from the judge) a protection order for the victim of the crime.

How Long Do Restraining Orders Last?

In Arizona, a restraining order lasts for one year from the date the judge signed it or until it is quashed by a judge. If the judge believes you are still in danger, the restraining order can be renewed for one year at a time. To renew the order, you must file the court paperwork before the initial order expires.

Who Can Receive A Restraining Order?

Courts can issue restraining orders for one of the following common parties:

• Harassers.
• Stalkers.
• Domestic abusers.
• Someone infringing on another’s copyrights.
• Employees/employers threatening to reveal sensitive information.

The most common reason for a restraining order to be issued is for the protection of women and children. No matter the state that the order is issued, the person who receives the order must respect it in all other U.S. states and territories.

How To File A Restraining Order In Arizona

Here are the four steps you need to know.

1. When possible, consult with an attorney first. Although an attorney is not mandatory, a consultation with a lawyer can ensure the process runs more smoothly. They can point out what order is best for your situation and assist with the completion of forms that have to be submitted. Your local county court probably has some suggestions and do not forget there is always reach out to National Domestic Violence Hotline for advice and legal support if domestic violence is involved.
2. Maricopa county requires you to fill out the paperwork utilizing a Domestic Violence computerized prompting system. The paperwork will have a petition naming the proposed protected parties as well as defining the reasons why you are in need of the restraining order. Protective Order forms can be filed at any court in the state of Arizona, and they are available in five different languages.
3. When you make your live court appearance before the judge, you will answer the questions he or she may have regarding your need for an order to be issued. The judge may question you regarding specific incidents that back up your need for a petition. Undoubtedly it is often emotionally distressing, and it may be worthwhile to bring someone you trust for support as you go through this, lawyers are always best to help you through this process.
4. When the judge grants a restraining order, the defendant must be notified using legal service of process.  You will have to serve the defender with the petition including an order of protection as well as a duplicate copy of the signed order of protection through law enforcement personnel or going through a licensed process server. The restraining order, as you recall, is not valid until it been served upon the defendant personally. Petitioners with an order of protection have up to one year for the defendant to be served otherwise the order will automatically expire. If the defendant is located in Phoenix, Phoenix Police will work with the Coordinator of Protective Orders to file the court order with no fees, for you. In situations where the defendant is not able to be served immediately, it is crucially important to maintain a copy of the signed protection order on hand. If the defendant has not been served the order of protection and physically approaches you, immediately call 911 and inform them you have an order of protection against the defendant on your person and that the law enforcement who mobilizes to the scene should immediately serve the defendant and escort him from the area.

What Can I Do If The Restraining Order Is Violated?

You can call the police. The officer must arrest the respondent if there is a good reason to believe a violation has happened. The respondent can be charged with contempt of court. If the respondent is found guilty of violating a restraining order, he / she can be fined, placed on probation or put in jail.