It’s not easy to get on with your life when you live in fear. You may have been able to avoid physical harm during a previous confrontation, but will the person come back? Are they capable of doing something worse? Are they threatening you and your loved ones?
What is a Protection Order?
A Protection Order, commonly referred to as a “restraining order” is an Order issued by a court that orders an individual to do or not do certain things. It may be a stay away order, where the individual may not be allowed to go near applicant’s home, office, or school. It can also take the form of a no contact order, to prevent an individual from contacting a victim or family member of a victim. Additionally, the court has discretion to enforce any other restrictions that the court deems fit for the protection of the applicant.
While a restraining order does not guarantee a person’s safety, it will help leave a “paper trail” exhibiting a person’s concern for their safety. It will also make it easier to get the assailant ejected from a premise and possibly put in prison for violating a restraining order. If you feel threatened by an individual and feel the need to file a restraining order against them, call Almase Law at 702-463-5590 immediately and we will help you with the protection order process.
Types of Protection Orders
There are two types of Protection Orders: (1) Temporary Protection Orders and (2) Extended Protection Orders. Temporary Protection Orders, commonly referred to as TPOs, provide protection for a 30-day period of time. A TPO can be granted without the knowledge of the party against whom it is being filed but it is common for a judge to require a hearing regarding the TPO. An Extended Protection Order can be applied for while the TPO is in effect. The TPO stays in effect until the hearing on the Extended Protection Order is heard. An Extended Protection Order must expire within one-year of the signing of the Order. An Extended Protection Order cannot be granted without the knowledge of the party against whom it is being filed, and that party has a right to make argument against the Extended Protection Order at the hearing.
When can you file for a Protection Order?
An individual may file for a Protection Order when you are, or reasonably believe you are, the victim of a crime involving violence, stalking, harassment, or sexual assault. If you are a family member of a victim you may also apply for a Protection Order.
What is the penalty for violating a Protection Order?
If an individual intentionally violates a TPO they can be found guilty of a misdemeanor, which is punishable by up to one-year in jail, and a fine of no more than $1,000. If an individual intentionally violates an Extended Protection Order they can be found guilty of a category C felony, which includes a 1-5 year prison sentence and up to a $10,000 fine. (See Violating Protection Orders)
Legal remedies to a Protection Order
If you are faced with a Protection Order you have the option to fight the Order. You can file a Motion to Dissolve the Protection Order or a Motion to Modify the Protection Order.
Give us a call at Almase Law at 702-463-5590 if you feel you have a right to apply for a Protection Order.