Domestic Violence: Emergency Protection Orders and Restraining Orders

Domestic violence tends to be the majority of reasons that emergency protection orders and restraining orders are requested. If a relationship has gotten to the point of needing continual intervention, it is imperative to use the tools at your disposal to assure your continued safety.

Restraining Order Definition and Use

A restraining order is given by the court to allow the protection of a person, entity or the general public when there is concern over domestic violence, harassment, stalking or sexual assault. These orders restrict the distance of location to the victim and also restrict all contact.

The restraining order puts into a legal document preventative measures to keep an abuser away from those that they are hurting. There are certain requirements to control their actions and other listed tasks in an effort to cease to do harm. When the restraining order is violated, then, based on the court order, police can be summoned and punishments are enforced.

Oftentimes restraining orders are misused to gain footing in pre-divorce proceedings or to cause punishment to someone. These are not grounds for a restraining order and the burden of proof is still very small. Anyone can file for a restraining order.

Emergency Protection Order Definition and Use

An emergency protective order is a more formal type of restraining order. It has the possibility of being put into effect immediately. This is especially useful for victims of domestic violence and encompasses protecting those suffering from child abuse, stalking, harassment, and other types of crimes.

The status of the emergency protective orders (EPOs) provides more time for the victim of the domestic violence to request and file a permanent restraining order. EPOs are available on an emergent basis and do not have to be requested only by the victim. Law enforcement and even the court system can instigate the EPO when there is an immediate, imminent danger or risk of harm.

The Nahajski Firm will work to make sure that any victim of domestic violence receives the protection they need. We will help you decide between a restraining order and emergency protection order. Contact the Nahajski Firm today at 206-621-0500.