Obtaining A Protection Order After A Breakup: FAQs
When a relationship dissolves, high emotions can be part of the equation. However, there are some situations when the dissolution of a relationship can actually put you in direct danger. A protective order service can help you file for an order of protection in your locality to make sure your ex knows they are legally disallowed from approaching you. Here is a look at a few of the most common questions about obtaining a protective order.
How is a protective order different from a restraining order?
Restraining orders are most often filed to prevent an action from occurring. For example, if you believe your ex could try to damage your property or come to your home and start trouble, filing a restraining order would be an action to potentially take. On the other hand, a protective order is meant to protect you when there has been domestic violence in the past. For example, if you are getting out of an abusive relationship, the protective order is meant to protect you from further harm.
How do you prove that you need a protective order?
When you go to court to file for an order of protection, you will usually be asked to offer some kind of evidence to show why you need protection. Your attorney will help you gather this evidence before the hearing, but it can come in the form of:
- Police reports documenting prior domestic violence calls and reports
- Medical reports that show evidence of injuries from physical abuse
- Witness testimony from people who knew about what was taking place
As imaginable, judges cannot simply issue a protective order based solely on your own reports. Unfortunately, it is not uncommon for people to file false reports just to keep an ex away from them. Therefore, it will be the duty of you and your attorney to prove that you do need protection.
Can you dismiss a protective order at-will?
Once you have gotten the legal system involved to protect you, you can't just go and dismiss the order without the proper steps. You can usually file a motion with the court with the help of your attorney to request the dismissal of the order. The court does have to approve this request before it is dropped. Therefore, even if you feel the person you filed the order against is no longer a threat, it is best to keep your distance because they can still be charged with a violation if they are caught around you.
For more information, contact local professionals like those found at Roseline D. Feral Attorney at Law.
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