Orders of Protection - Protecting Someone at Risk of Harm

Orders of protection are a way to protect someone who is at risk of harm. They are sometimes issued in criminal cases but are also available in Family Court.

When you are faced with a court order, it is important to follow its terms. Violating an order can lead to arrest and even criminal charges.

Restriction of Contact Orders

Restricted contact orders are an effective tool to prevent contact between alleged victims of domestic violence or other crimes and the defendants accused of those offenses. These intervention order lawyer typically prohibit the defendants from being within a certain number of feet of the victim’s residence, employment or school and limit all contact by phone, text or email.

Violating the order is a criminal contempt of court charge, and can be punishable by six to 18 months in jail depending on the specifics of the violation. Exceptions can be carved out for exchange of children or other reasons, but without a defense lawyer proposing a sensible plan and supporting arguments, judges will not be inclined to grant these requests.

In addition, it’s important to remember that these orders stem from a pending criminal case and will remain in place until the judge rescinds them, or until the case is resolved and the court’s jurisdiction ends. Moreover, any change in circumstances can be grounds to request new conditions added to the no contact order.

Protection from Abuse Orders

A Protection from Abuse Order prohibits a person from being physically or emotionally abusive toward you. It may also require that the abuser move out of a shared home, surrender firearms, or attend counseling.

PFA orders are often the first step in a court's response to serious physical or sexual abuse. They are free to the victim and come with important restrictions.

If you are seeking a protection from abuse order, it is a good idea to hire a lawyer who knows how to navigate the court process. This attorney can draft your petition and argue on your behalf in a way that increases the chances that a judge will grant your request for a PFA order.

Some people in contentious divorce proceedings and child custody disputes use PFA orders to manipulate the system for their own personal gain. If you suspect that your PFA request is being abused, you should get help immediately.

Emergency Orders of Protection

In some cases, an emergency order of protection can be obtained immediately on a temporary basis by going to court. These orders typically expire in 14-21 days and can be extended by attending a hearing.

During your protection order hearing, the judge will need all the information you can provide. This includes any photos, phone records, and other evidence you have.

Your experienced orders lawyer will ensure that the judge has all the facts and evidence he or she needs to make a decision regarding your case.

An experienced attorney can help you obtain an emergency, interim or plenary order of protection. These orders may be in effect for up to 21 days, 30 days or two years depending on the circumstances of your case.

Temporary Orders of Protection

Generally, a temporary order of protection (often called a "refrain from" or "stay away" order) tells someone to refrain from doing certain things to you. These might include assault, stalking, harassment, aggravated harassment, menacing, reckless endangerment, strangulation, disorderly conduct, criminal mischief, sexual abuse and intimidation.

These orders are meant to stop the person from doing these things until you have a chance to go to court and ask for a permanent order. The judge will make these decisions based on your situation and the facts of the case.

These orders may be issued by both Family and Criminal courts. Both courts can issue a temporary order of protection for a few days or up to a month, depending on your circumstances.