Orders of Protection, often called restraining orders, are legal instruments designed to safeguard individuals from harassment, abuse, or threats. These orders are particularly crucial in situations involving domestic violence, stalking, or any form of intimidation.
There are two main types of protection orders: a Temporary Order of Protection and an Extended Order of Protection. Both orders of protection serve the same goal of ensuring the safety of victims, but there are nuances between the two, particularly in terms of their duration and the circumstances in which they are issued. In this topic, we will explore both types of order of protection.
Temporary Protection Orders
A Temporary Protection Order is a legal document that provides temporary safety for an individual in an unsafe situation or environment. This order typically expires after fifteen days and should be used when there is an immediate or present abuse, threat, or harassment. This order can be granted ex parte by a judge without the accuser present, allowing for swift intervention in urgent situations.
Extended Protection Orders
An Extended Protection Order provides the same type of protection as a temporary protection order but lasts longer, requires a hearing to be issued, and allows both parties to present their case. This order can include provisions such as:
- Establishing temporary child custody and visitation.
- Awarding temporary child support.
- Awarding temporary alimony.
- Granting the victim possession of their shared home and/or requiring the defendant to provide a victim with housing accommodations.
An Order of Protection is issued by a court to prohibit an individual from contacting or approaching the person seeking protection. The Protection Order includes restrictions on communication, physical proximity, and even the possession of firearms. The process typically begins when the victim files a petition detailing the incidents that necessitate protection.
The importance of Orders of Protection cannot be overstated. They serve as a critical barrier between victims and their abusers, often making the difference in ensuring safety. It’s essential to recognize that these Orders are not a foolproof solution. Enforcement can be challenging; violations can occur. Therefore, victims should also engage with local law enforcement and support services to create a comprehensive safety plan.
If you or someone needs protection, seeking legal advice is crucial. At Murfreesboro Family Law, we are here to help. Our experienced lawyers can provide you with advice and guidance on which process to start. Call (615) 890-3656 for a legal consultation.
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