Orders of protection are no joke. These orders are demands from the law that a person must leave you alone and stop whatever it is they have been doing. If they are ignored, it could lead to major consequences for them. Getting an order of protection is not an easy decision but you also do not want to wait too long.
It’s never easy to determine if you need to get a restraining order on someone. How far is too far? Was this a one time thing or will this be happening again and again? There are 1,000 questions you have to answer in your mind before making this decision. However, you do not want to wait too long and allow things to escalate.
What Does An Order Of Protection Do?
Once you have filed a petition and provided reasons why you want the order against someone or a business, they will have the right to argue their side. However, if their argument does not benefit them and the order is approved, they will have to leave you alone based on the conditions of the order. For example, it may say that they cannot contact you and that they must stay a certain distance or more from you at all times.
The orders may also cover conditions where the person is not allowed to impact your business or place of work. It can be as specific as needed to stop whatever the other party is doing that requires you to need this protection.
Signs It’s Time To Get An Order Of Protection
So, what exactly can someone else do that would make you want to get one of these orders? That’s a different answer for each person but there are some vague but common examples that can help you determine if it’s time to call an attorney and file a petition.
- Physical violence: If they lay their hands on you then you have the right to get an order against them. No one has the right to touch you unless you are conducting physical harm to them. If they are physically assaulting you, which includes sexually, you have the right to demand protection from them.
- Emotional abuse: Sometimes the abuse isn’t physical, it’s emotional. If the person constantly attacks you verbally and will not stop, it may be harder to prove in court but you can get an order against them.
- Addiction: Yes, addiction is a reason to get an order against someone, especially if there are children involved. Drug and alcohol addiction, as well as gambling addiction, can take over a person’s life and be unsafe for a family.
- Financial fraud: Are they using your credit cards or even better, taking cards out in your name and not telling you? This is a common reason for people to get an order of protection as they need to make sure that legally the other party stops using their credit and finances.
- Stalking: While more difficult to prove, if someone is stalking you there are reasons to request an order. This is where an attorney can advise you on how to gather the right information and what you need to make your point.
- Theft: Any type of theft can be grounds for a protection order. Keep in mind, whenever you submit your information to the courts, it’s better to have documentation from other professionals or authorities. For example, if your ex stole your car and now you want an order against them, you need to have a police report stating that the car was stolen.
- Intimidation: Are they trying to intimidate you or are they threatening you in any way? They do not have to act, they do not have to even say they are going to do it. If you can show that the person is routinely trying to threaten you, you can get an order against them.
- Aggression: Acts of aggression can include destroying or vandalizing your property while you are not home, going to your place of work while you are not there, calling your friends and family and threatening them and more. These all count and need to be documented if you want to present them in court.
- Snooping: Get a call that someone is at your job asking about you? Yes, if the person is snooping and asking questions about you it will be difficult to get an order. However, if you are able to prove that they are going out of their way to try and get your personal information, you have a right to try and get them to stop via the order.
An attorney can help you get clarity on whether or not you can get orders of protection against someone and how you can get that accomplished. They will assist you through the process and it’s best to start by calling right away and asking what your legal options are. The call is free and the information can help you.