Restraining Orders

Restraining orders can be used to protect someone from a family member who is currently being or has been abusive in the past. These orders of protection cannot prevent abuse but may act as a deterrent with the threat of legal action if the abuser violates the order. These orders can either be temporary or permanent and are often used during divorce cases or domestic violence situations.

Although these orders are usually sought to protect actual victims of abuse, sometimes, these orders can be abused by a family member. Sometimes they are used to gain an advantage in a divorce or child custody case. That’s because these orders can be easily obtained and go into effect immediately after being served. When these orders are abused, it can be very strenuous for spouses who are kept away from their children and their home.

Orders of Protection and Injunctions Against Harassment can help in situations where there is domestic violence in a relationship. Orders of Protection are issued by a court. These orders are a legal tool to protect a victim from further harassment or abuse. These orders can limit the abuser’s behavior. They can restrict personal contact through phone, text, email, social media, and others forms of contact.

Although Orders of Protection can be a useful tool in preventing further harassment and abuse, they cannot guarantee your safety. Instead, these orders provide for criminal charges for the person who violates them. This acts as a deterrent against future harassment or abuse.

Orders of Protection and Injunctions Against Harassment are meant to protect a victim who has a legitimate fear for their safety, such as an act of domestic violence. But sometimes these orders can be abused by a family member, such as a spouse who is looking for an advantage during a divorce. Because these orders can be easily obtained, they may not always be justified.

Whether the order of protection is justified or not, you should never violate an order of protection, as violating the order is a crime.

An order of protection is a court order that can:

• Prohibit further acts of abuse or violence.
• Restrict the respondent from coming near the petitioner.
• Require the respondent to move out if they live in the same home as the person who was granted the order.
• Prohibit the respondent from possessing a firearm.

You do not want to be in violation of a protective order, as you could be charged criminally. If you have been served with a restraining order, it’s vital that you abide by the terms in the order regardless of whether it’s factual or not.

You could violate an order of protection by:

• Contacting the victim by phone, text, email, or social media.
• Coming near the victim.
• Showing up at the victims workplace or school.
• Not paying bills or child support if ordered to do so.
• Possessing or purchasing a firearm.
• Not moving out of the shared home of the victim.
• Not following child visitation rules.

The best course of action is to consult with an attorney who is experienced with orders of protection. The Attorneys for Freedom law firm has decades of experience with restraining orders and orders of protection. If you have had a restraining order issued in your name and need someone to help you try to get it modified or dismissed, contact the Attorneys for Freedom or call our Arizona office at 480-755-7110 or Hawai’i office at 808-647-2423 and protective order lawyer can assist with your case.