If you are being threatened, harassed, or are afraid of someone who is intimidating you, then the good news is that you do have legal recourse to make them stop. Civil orders of protection, temporary protection orders, and restraining orders are all different ways that you can stop someone from threatening you. You don’t have to live in fear; you have many ways to end malicious behavior meant to scare you.
What are the different kinds of protection orders?
There are many different types of protection orders depending on where you live and how you seek to protect yourself from your perpetrator. There are both temporary and permanent orders, meant to either cool things down between two people or to prohibit someone from having any contact with you or your family. The level of protection you need determines which type of protection order you should initiate.
Civil protection orders and restraining orders are both initiated through civil proceedings. If you need something more severe than a temporary order, then you have to have an underlying lawsuit to put the motion into place. For those who are in the midst of a divorce, annulment, or legal settlement, there might be other civil suits underway that go alongside your order of protection.
A restraining order can only be initiated if there is another motion in action. You can’t get a restraining order to strengthen your case if the intent is just to force you to cooperate with a dissolution of marriage through intimidation, unless other motions are filed. A restraining order prohibits the parties who are in the proceedings of a civil trial from engaging or acting in certain ways with one another. For instance, a restraining order might demand that someone not be allowed to transfer money from one bank account to another or to devalue a piece of property. If you are involved in a divorce, annulment, or legal separation, a restraining order is an order to stop someone from causing specific damage in one way or another to either you or your financial assets.
Although restraining orders are often initiated at the beginning of a court proceeding, they might also be filed in the midst of other litigation. If there is evidence that one party is seeking to damage another through destructive behaviors, then they might be court-ordered to prevent them from doing so. If you believe that your estranged spouse is behaving in ways to disparage you or your financial situation, then you can petition Ex Parte to ensure that they are not permitted to continue.
How are restraining orders enforced?
If you file a restraining order, they are enforceable by police or other law enforcement. Because a restraining order falls under the umbrella of a civil matter, it can be enforced via civil proceedings. In some instances, it might be required for police officers to be called if someone is in violation of a restraining order. The police can make an arrest if one party is defying the conditions of a restraining order.
Although it’s usually thought of as a means to stop violence, a restraining order is actually a way to stop someone from engaging in acts that are detrimental to another party. For instance, if someone is trying to sell a piece of property, like a car that has not yet had ownership determined in a divorce hearing, the police may be notified and requested to step in to protect the interests of both spouses.
So, while orders of protection are mostly thought of as a way to protect people from physical harm, they can also be taken out to protect the financial and best interests of a spouse who is seeking a separation or dissolution of marriage. To ensure that each spouse is granted their fair share of equity and what they deserve, it is important for the law to prevent the ways that one partner can devalue an estate or the financial situation of the other. A restraining order might be taken out to protect someone’s physical or financial health. If you are worried about what your spouse is capable of, then a restraining order might be a reasonable course of action until the dissolution of your marriage can be declared.
Author
Shruti Gupta is a writer, digital marketer and outreaching expert. She writes about technology, startups & other niches. She has contributed to a number of famous websites like Thenextweb deccanchronicle and Crazyegg. Stay tuned with her at:@shruti_gupta01 or via skype : shrutigupta2811