November 16, 2022 Divorce
Divorce is a major transition for any family that experiences it, and while the emotional component is exceptional...Read full post
Those who have been abused by a domestic partner have a variety of civil and criminal protections available to them. While these orders can’t stop your abuser from engaging in further illegal actions, they do provide you with the ability to have the abuser arrested if he or she violates the terms of the order, which can be quite specific. If you are the victim of domestic violence, you owe it to yourself and your well-being to consult with an experienced Aurora domestic violence attorney today.
A protection order that is issued by the court prohibits the person named therein from coming near or communicating with the person who obtains the protection order. Protection orders are commonly called restraining orders, and they can be enforced by every court and law enforcement agency in the nation – not just in the issuing state. While a protection order remains a piece of paper until it is physically enforced, it sends a clear message that the abuser can and will face serious consequences if he or she doesn’t discontinue abusing the victim and closely adhere to the restrictions therein.
Protection orders are unique to the case at hand, including your case. There are, however, certain conditions that are commonly included in these orders, including:
A Temporary restraining order – commonly called TRO – is a protection order that usually lasts 14 days, and it signifies the first step on the way to obtaining a permanent restraining order (PRO). A TRO is sought by filing a form with the court, and it can usually be obtained on the same day as the filing. For a TRO, your abuser need not be present. To obtain a TRO, you’ll need to demonstrate that you are in imminent danger at the hand of the party named. Upon issuance, the judge may also set a hearing date for determining whether or not a PRO is appropriate. The person named in your TRO must be served by someone other than you – the local sheriff, a process server, or anyone who is at least 18 years old and is not named in the TRO are all viable options. The TRO doesn’t go into effect until your abuser has been served.
PROs are much more durable restraining orders that can be enforced forever. While the adverse party named in the PRO can ask for a modification or recall of the order, he or she must wait at least two years to do so. Obtaining a PRO involves a hearing that is much like a mini version of a trial, and all of the following can apply:
At this hearing for a permanent restraining order, the judge can issue a TRO extension of up to 120 days. The judge can then schedule another hearing for that date – to determine if it’s necessary to proceed with a permanent restraining order.
Emergency protection orders (EPO) are, as the name implies, for emergency situations. A police officer can obtain an EPO for you if the following apply:
Again, the adverse party must be served. As soon as the court reopens, it’s in your best interest to obtain your TRO and to continue within the process as appropriate.
Domestic abuse is a serious threat, and if you are facing such a threat, the Aurora domestic violence and protection order lawyers at CNL Law Firm, PLLC, are committed to helping you stay protected. Our legal team cares about you and your safety, so please don’t hesitate to contact us online or call us at (720) 370-2171 for more information today.
CNL Law Firm, PLLC focuses on helping families regain peace of mind during legal circumstances.