Protective orders are meant to protect someone from a particular kind of violence at the hands of another person. The two most common are stalking orders and restraining orders.
What Is a Stalking Order?
A stalking order can be issued under two conditions:
- Someone is repeatedly contacting a person, and it is unwanted.
- There is a reasonable amount of concern regarding the person’s own safety.
A judge grants stalking orders, and this kind of order is permanent. Violating a stalking order can be quite severe, and punishments can include fines, probation, or imprisonment. The first time this type of order is violated, it would likely only result in a misdemeanor. However, the second time could result in a felony charge.
Because stalking orders are a permanent fixture, they do have the opportunity to be reviewed yearly, and they can potentially be revoked if there is no further threat.
What Is a Restraining Order?
A restraining order requires a personal relationship between the protected person and the person under the order. Typically, they are used in domestic violence between partners or spouses, and they are meant to protect a person from further violence.
Restraining orders are frequently abused in the justice system, however. Judges will grant them swiftly, and people might seek them if they believe there will be a justice-related reason for doing so. This could mean that you have been wrongly served with a restraining order.
Protect Yourself Today
With either of these protective orders, you may be wrongly accused, and you have the right to fight. At Pedemonte Law, we can help you protect yourself. You may also find yourself in need of either of these orders. If that’s the case, contact us today to ensure you’re covered.