Protective Orders

A Protective Order is the strongest type of court-ordered protection a party in fear of imminent physical harm or death can get from the court. These are not easy to get; however, our firm has successfully represented many parties in presenting facts to the Court where we believe a protective order is warranted and needed, and get our clients some sense of protection. We also have defended against protective order applications, where the client is the person alleged to have committed family violence or a threat of family violence. The process of filing for and getting a protective order, and defending against a protective order, can be complicated and is very detailed-oriented. If a final protective order is granted, it can be good for up to two (2) years (and can be renewed after that).

A protective order is different from a restraining order. Restraining orders are more common and generally easier to get, as the need to prove domestic violence occurred is not a requirement. However, restraining orders do not offer as much protection as a protective order. Restraining orders cannot be enforced by law enforcement; a protective order can be enforced by the police and a violation of a protective order can lead to an arrest and criminal charges. Protective orders can prohibit the offending party from coming within a certain distance of you or your family. To get a protective order, one must prove family violence has already occurred and that family violence is likely to occur again.

These cases can involve traumatic events. Our firm will provide sensitive and respectful advice to those who may need a protective order, or who need to be defended against a protective order, and do what it takes to achieve that goal for our client. We also have knowledge of what implications a protective order may have as it may relate to any pending immigration issues both for the victim and the alleged offender.