3 Types of Legal Orders to Protect Victims
Jail time, probation, community service, and fines are all punishments for crimes, which deters most people from breaking the law. However, in cases with repetitive problems, and one way to prevent future crimes is with orders to protect victims. If you would like to know more, keep reading to learn more about restraining, protective, and no-contact orders.
- Restraining Order
A restraining order is designed to protect a potential victim. For this reason, they can be issued even before a crime has been committed. In most cases, they are not usually used for abusive situations, but they can deter future abusive situations if the restraining order is taken seriously
It can be difficult for victims to prove they need a restraining order, especially if no crime has been committed. Instead of filing a police report, the victim will need to show proof of behavior that may lead to a crime. If you keep following someone home from work, for example, they may be able to file a restraining order because you seem to be stalking them.
Some restraining orders against you can even be issued without your knowledge. These are used during rare times that restraining orders are used in abusive situations. They are important because they provide immediate temporary protection, and the abuser doesn’t have to be present in court for the restraining order to be issued.
- Protective Order
If domestic violence is the problem, protective orders are usually used to keep the abuser away. These types of orders typically last for one year, but if the victim can prove they are still in danger after the year, the order may be extended.
Depending on the situation, protective orders may have different provisions. One common provision is the peaceful contact provision. This is commonly used if children are involved because both parents may need to communicate about child care. In this case, you would be allowed to speak with the victim but only about the child.
Another common provision requires you to turn over any firearms and ammunition you have. The courts can even require you to go to counseling, appear for drug testing, and take classes about domestic abuse.
- No-Contact Order
A no-contact order is the result of criminal actions, and there are several types, including domestic violent protection orders and sexual assault protection orders. These types of orders cost the victim nothing, and if you violate them, it’s a crime. The no-contact order usually begins after you’ve been arrested, and it can last until after you’ve served your sentence.
If you do contact the victim while the no-contact order is in place, it may be a misdemeanor or a felony, depending on what happened during the interaction. For example, if you simply contact them to ask to drop the charges, you’ll probably only get a misdemeanor, but if you end up attacking them to make them drop the charges, it may escalate to a felony.
If someone is trying to file a no-contact order against you, and they have no valid reason, you may want to hire an attorney to fight it. Even unjust no-contact orders will go on your record, and they can affect your rights to own a gun, where you can travel, and whether or not you can get a new job.
Violating a restraining, protective or no-contact order can lead to criminal charges, even if the order was imposed unjustly. In some cases, you may not even realize you have a protective order against you. If you would like to know more about what to do if you’ve violated an order of protection, contact us at the Law Offices of Lynda Latta, LLC.