If you are the victim of domestic violence or believe you are in danger, you might want a protective order. A protective order prevents the subject from coming to your property, contacting you, and following you. It gives you a layer of safety so that you can live your life with confidence and peace of mind.
How long does a protective order last? That answer depends on your situation and the type of protective order you get. Explore how these orders work and what you can expect moving forward, and you will be happy with the outcome when you see it for yourself. The goal of your protective order is to prevent you and your loved ones from being attacked.
Types of Protective Orders: Temporary Protective Order
In many cases, you will first get a temporary protective order. A temporary protective order lasts for 20 days and is designed to protect you until your court hearing. If you want to get a temporary order of protection, the judge assigned to your case must believe there is a clear and present danger to you or your family.
When you get a temporary order, the subject does not have to be present in the courtroom. You go to the judge and explain your situation. The judge then makes a decision based on the evidence you have and the testimony you provide.
Final Protective Order
After you have a temporary protective order in place, you go to court again to get a final protective order. For this hearing, the subject of the protective order must be present and gets the chance to voice his side of the story. The judge decides if you will get the protective order you requested. In most cases, these protective orders last for two years. In some cases, the judge will grant a final protective order that lasts for longer than that.
In cases of domestic violence, the judge can give you a longer order of protection. You can also get longer protective orders if the subject causes you or someone you live with serious bodily harm. If the judge believes the subject is likely to commit family violence, the judge can issue a protective order that lasts much longer than two years.
Magistrate’s Order of Emergency Protection
A magistrate’s order of emergency protection is issued when the abuser is arrested for certain crimes. Sexual assault, sexual abuse and trafficking are crimes that prompt an emergency protective order. In these cases, your protective order keeps you safe while the subject is going through the legal process. You won’t have to worry about getting attacked if the subject gets out on bond.
You can request an emergency protection order from the court, or a police officer involved in your case can request it. If nobody else requests an emergency protection order, the judge can issue one either way. These protective orders last for up to two months, but they can last longer in cases of family violence. These orders keep you safe while the original court case is pending. If the case gets continued, you can apply for an extension or get a final protective order.
What Happens When You Violate a Protective Order?
If you are getting a protective order, you probably want to know what happens when someone violates it. Depending on your situation and the details of the case, the subject can get up to one year in jail for violating the order. In extreme cases, the subject can get up to two years in jail and a fine of up to $10,000. If you believe someone is violating your protective order, contact the police and collect as much evidence as you can.
After a Protective Order Expires
A protective order does not last forever, and someone’s grudge could last longer than your protective order. If you believe you need your protective order to last longer than it was granted, request an extension from the judge. The judge must agree that there is a good cause to extend the protective order. If you receive threats or unwanted contact after the order expires, apply for an extension for peace of mind.
Final Thoughts
protective orders are a vital part of the legal system. If you are the victim of stalking, violence or other forms of abuse, apply for a protective order right away. Also, ensure you understand the different types of protective orders and how they work. You begin with a temporary protective order. These orders last until the judge decides if you can get a final protective order.
Do your best to maintain a level head at each stage of the process, and you won’t have trouble moving forward or reaching the outcome you had in mind when you got started. Speak with a lawyer if you need help deciding if a protective order is right for your needs and situation.
