Civil Orders of Protection

What are Civil Orders of Protection?

Civil orders of protection are a legal document signed by judge that mandates you to stop contacting or coming near another person. If served with order, have our help as it could lead to not owning firearms, losing access to home and much more.

Who can get an Order of Protection?

Order a protection order if you're in danger. If your partner, ex-partner or anyone else living with you has harmed or threatened to harm you and says they are the victim - go ahead and take out an Order of Protection against them. Anyone related by blood or marriage (e.g., spouse) is eligible for this type of protective measure as long as it's filed under "domestic abuse" charges, not any other category such as stalking or sexual assault which would require different parameters being met.

How does an Order of Protection Work?

Once an order of protection is in place, you are under a court order not to contact or come about the alleged victim. This can be enforced with two different ways- through either the police or sheriff. If you violate this order by contacting them and/or coming near them, they have every right to call 911 immediately which will result in your arrest for violating their personal space. Civil orders of protection are taken very seriously by the court system and penalties for disobeying them can be severe.

If you break an order of protection, the other party can file a petition for civil contempt in court. The judge may extend your sentence if they find that you have violated any terms set by the original protective orders and could be sentenced up to 10 years.

How to take out an Order of Protection?

You may take out an Order of Protection by going to the police department, or circuit or general sessions court clerk and request for a form called a petition. Once you explain why you need protection from your abuser, they will review the information given before determining whether it sounds like grounds are present for such an order being granted.

The sheriff then serves this order upon them within days and sets up what is often their first trial in front of one judge in just as many days time too. On the court date, the judge will listen to both the plaintiff and the defendant and make the decision as to whether or not the order of protection should be issued and the duration of time it shall be placed.

What if you are falsely accused when an Order of Protection is granted?

At McNamara Legal, we  can assist you with any false accusations that have caused an Order of Protection to be filed against you. All too often these orders are being misused for ulterior motives like divorce or child custody cases—to gain leverage and win the case by default since there is no contact allowed between parties during this time. Even if your former significant other has turned into a stalker after a breakup, don't hesitate in contacting us so we can get to work on your defense strategy!