An order of protection (also referred to as a restraining order) is a legal order against a person, barring them from committing certain acts. These orders vary in duration, lasting from a few weeks to a few years, and usually include criminal punishments for violations. The majority of restraining orders are issued in cases of abuse, stalking and domestic violence.
Provisions in an Order of Protection
- The “stay away” requirement: The named individual cannot go near the petitioner, their home, school or work place.
- The “no contact” provision: The named individual cannot contact the petitioner by fax, email, text message, phone or mail.
- Stopping abuse: The individual is legally barred from harassing or threatening the petitioner
- Support: If the order is due to a domestic violence situation, the named person must continue to make support payments.
- Exclusive use: If property such as a house or car is jointly owned, the court may order that the named individual cannot use the property.
- Restitution: The individual named in the order is required to pay damages to the petitioner.
Orders of protection frequently include provisions on mandatory counseling, therapy and the surrender of weapons, and can be extended to cover the petitioner’s family and friends in some cases. Your Order of Protection Lawyer on Long Island can tell you how to extend the order’s protections.
How Long Does an Order of Protection Last?
There are three types of orders: the EPO, the TRO, and the permanent order. The EPO, or emergency protective order, goes into effect right away and lasts less than a week. EPOs are normally issued in cases of extreme domestic violence.
TROs are like a normal order, but are of limited duration (a few weeks or less), and are meant to protect petitioners until a full hearing is held. A permanent restraining order lasts for several years, and can be extended if the threatening or harassing behavior continues.
Hiring an Attorney to Contest or Obtain an Order of Protection
Restraining orders are serious and sensitive in nature, and it is in your best interest to consult an Order of Protection Lawyer on Long Island. Hiring a Divorce Attorney that also deals with protective orders will make you more aware of your legal rights, and it can help you take advantage of every legal remedy that’s available.
