DO YOU NEED A PROTECTION ORDER?
A protection order also called a restraining order is a court order to prevent an abuser of domestic violence to have contact with the victim. The abuser may be ordered to have no contact, have peaceful contact, to keep a certain distance away, to move out of a shared home, to surrender any firearms or to attend anger management counselling. Violation of a protection order can be treated as a felony, misdemeanour or contempt of court.
If you are the complainant you should apply for an interim protection order to get a distance between you and the abuser. An interim order will afford you the time you need to contact a lawyer who is well acquainted with domestic violence and protection orders. The date at which the final order will be considered will be shown on the interim order. The permanent protection order will be final and can only be changed by the court.
A protection order is only that, it does not in any way mean that you are laying a charge against the abuser. Please be aware, though, if you are a victim of a certain domestic abuse that could cause you or your children bodily damage that could be fatal, it is also a criminal charge and you will be advised to lay a criminal charge against the abuser. Instances of abuse can include assault, rape, incest, attempted murder or the abuse of animals.
If your abuser violates the conditions of the protective order, he/she will be in contempt of court and charged accordingly.
The best way to deal with domestic violence and obtaining a protection order is to contact an attorney who is well acquainted with this type of case. The important aspect when deciding to do something about domestic abuse is the fact that you must feel comfortable with the family law attorney you decide on. You must trust, respect and be aware of the experience the chosen attorney has to take your case to court to obtain the necessary protection order.