Order of Protection
A court order that prohibits an abusive person from contacting or coming near the victim, also known as a restraining order or protective order.
Understanding Order of Protection
Orders of protection are critical safety tools for domestic violence victims going through divorce. They can prohibit the abuser from contacting the victim, coming within a certain distance of the home, school, or workplace, and possessing firearms. Temporary (ex parte) orders can be obtained quickly — sometimes the same day — without the abuser being present. A full hearing is then scheduled within 10-21 days for a longer-term order. Violations are criminal offenses. An order of protection can significantly affect custody determinations.
Real-World Examples
She obtained an emergency order of protection the same day she filed, requiring him to stay at least 500 feet from her home and workplace.
Related Terms
A court order prohibiting one person from communicating with or approaching another person, often issued in cases involving domestic violence.
InjunctionA court order prohibiting a party from taking a specific action, such as selling assets, moving children, or contacting the other spouse.
Habeas CorpusA legal action requiring a person holding a child to bring them before the court, used in custody disputes when a parent unlawfully withholds a child.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.