Protective Orders: Limitations and Issues
Protective orders are often called restraining orders. They are issued by courts to protect a potential victim or to restrain a person from engaging in a particular set of actions that are seen as potentially harmful to the person the order seeks to protect.
Protective orders are issued in a number of situations, most often in domestic disputes between parties. Protective orders are useful when there is a real threat or harassment that cannot otherwise be addressed by law enforcement. But it always best to be mindful of their positive and negative effects.
But all too often, a party seeks a protective order in the heat of the moment without regard to its potential negative impact on a family. Families can be torn apart by a restraining order. In addition, there always is the real possibility that the other side — the party you are seeking to restrain — may ask the court for the same remedy. In that case, often a court will issue mutual protective orders.
Restraining orders also can be wrongly used as a tool to gain leverage in a divorce or other family law matter. The scenario can run like this: A husband and wife engaged in a custody battle have an argument, and the wife decides to get a restraining order to help her gain custody of the child. In this type of case, an attorney can help the court understand the dynamics and motivations of the parties involved.
In almost all cases, whether seeking to obtain a protective order — or to prevent the court from imposing a protective order — it is best to work with an experienced emergency protective order attorney. An attorney can help guide you through the process and help you decide if a protective order is the best thing for your situation if you are seeking one.
Alternatively, if you are the person who is being restrained, an experienced attorney can help you defend against the imposition of an unfair restraining order.
Know What A Protective Order Does
A restraining order usually prohibits all contact or attempted contact between a victim and an alleged abuser. It also prevents stalking, harassment and the like. If a protective order is issued against you, you may not contact the victim in any way.
It is important to understand what a protective order does, how it functions and what it prohibits.
An emergency protective order is most often issued on an emergency basis, and only for a limited period of time. It expires at the end of that time unless a party seeks to have it extended. A hearing is required, and it is at this time that an attorney can be helpful in persuading the court regarding whether it is an appropriate remedy given the circumstances of the case.
Once issued, it is important to understand the parameters of the order and to abide by it until it either expires or is reversed. Again, an attorney can help you understand the reaches and limitations of such an order.
Make sure that you are represented by an experienced Tulsa protective order attorney at the hearing. Your Tulsa protective order attorney can help you present your case in the most effective way possible.
Get a Initial Consultation With a Tulsa Protective Order Defense Attorney
For a no cost consultation with a protective order attorney, call the Divorce of Tulsa Law Office today. Even if a hearing is already scheduled, call today and let’s see if we can get the hearing rescheduled to provide you time to thinking through and mount a defense.
Bring your questions and concerns and let’s work together.
Call the Divorce of Tulsa Law Office today for a initial consultation at (918) 924-5526.