If you have been involved in or accused of being involved in a domestic violence case, you may realize that a protective order has been filed against you. Even if you do not believe that the charges are valid, you must pay close attention to them. Failing to abide by a protective or restraining order may have severe consequences. Here are four types of orders you should know about:
Emergency Protective Order
An accuser can file for an EPO quickly, making it a common choice in the case of an emergency. In order to seek an EPO, the accuser would need to call law enforcement. An officer can ask a judge to issue the order at any time of the day or night. Usually, these orders last seven days, providing a cool off period and forcing an accused abuser to leave the home. If the accuser needs more time, he or she can file for temporary restraining order during this period.
Temporary Restraining Order
This order requires the victim to fill out paperwork and convince the judge that the order is necessary. These orders generally last less than 25 days, and at this time the victim will go to a hearing to request a longer order. Simply because the order is temporary does not mean that you should should disregard its significance. If you make contact with the person who filed the order, you may still be arrested.
Permanent Restraining Order
A judge can issue a permanent restraining order, but you should be aware that this is a misnomer. These orders generally only last as long as three years. At the end of this time period, the victim needs to ask for a new order. As the accused, you may be charged with a crime if you contact the individual on the order, resulting in a large bail amount. This number increases if there was any violence involved in the contact.
Criminal Protective Order
If the accused abuser has committed a crime that results in charges, the D.A. will file a criminal protective order until the trial. It the accused is found guilty, this may turn into a permanent restraining order. You may have increased requirements as a part of your bail as well.
The process of seeking a restraining order can be overwhelming, and it makes sense that you might have some questions for an attorney. If you have been charged with domestic violence, you need to understand the stipulations of the order against you. Failing to regard the rules could mean that you pay a higher bail if you are arrested again. Contact a local bail bond company for further assistance.
Share13 May 2016
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