Who Can Get A Protection Order In A Domestic Violence Related Case?
A domestic violence case is between family members or people who are cohabitating. When someone is charged with domestic violence, a protective order can be filed to protect the alleged victim from further abuse.
Are Protection Orders Always Put Into Place In Any Domestic Violence Related Arrest?
While it is not required by law, the jail will issue a protective order when someone arrested for domestic violence is released on bail. The jail has the authority to issue a no contact order as a condition of release for that period of time. Usually, it’s 48 to 72 hours. The defendant cannot go back to the residence or have any contact with the alleged victim.
The case will be scheduled for an arraignment within a couple of days. While the defendant is in front of a judge, the victim can request a more permanent protective order, throughout the pending case. Even if the case is resolved with some kind of conviction or guilty plea, that protective order can stay in place as long as the court has jurisdiction, which can be up to three years. Most of the time it’s very easy for a victim to get a protective order. There is usually a victim’s advocate, who works for the prosecutor’s office, who will call the alleged victim and ask them what they’d like to do. If they report that they want a protective order, the judge will continue the order until the case is resolved.
What Restrictions Does A Protection Order Impose On a Defendant?
The typical restrictions on a defendant are to have no contact whatsoever with the victim, not to go to their residence, not to go to their work, their church, or anywhere they are likely to be. They cannot contact the victim, even through third parties. This includes all forms of communication. Once the defendant gets out of jail and goes in front of a judge, the judge can order that the defendant can go to the house once to get some personal belongings, with a police escort.
Will I Be Able To Have Contact With My Children If Domestic Violence Has Been Alleged Against Me?
The judge can order limited contact with children, if he sees fit. Usually, the pickup and drop off of the children can be arranged through a third party to avoid contact with the victim.
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