Question: Does A Protection Order Work Both Ways?

Can I contact someone I have an order of protection against?

A defendant in a domestic violence case always has a restraining order put on them by the court making it a misdemeanor crime for them to have any direct or indirect contact with the victim.

Even if the victim contacts the defendant the order remains in effect until a judge lifts it.

Defendants can’t call..

How do you fight a false order of protection?

Consult with a family law attorney experienced in defending people against false restraining orders. You must go to court for the final restraining order hearing and present your evidence proving why the accusations against you are false. The evidence can be police reports, witnesses, text messages and or emails.

How do you defend an order of protection?

Tips for fighting a protective order:Get the documents. In order to be prepared to fight the order you need to know exactly what is being said about you. … Know the law in your state. Know the timelines for contesting these orders, and take action immediately when you are informed that there may be an order against you.

Can a protection order be appealed?

There are no costs involved in applying for a protection order, unless an attorney is used. … Once a protection order is granted, it is valid until the victim withdraws it. If the perpetrator lodges an appeal, the order will continue to operate until it is cancelled by the appeal court.

What happens if I contact someone I have a restraining order against?

Sometimes the other party may wonder what will happen if they contact someone they have a restraining order against. … If you accidentally violate your own restraining order, you cannot be arrested or charged with contempt for contacting the person you have a restraining order against. Still, it is ill-advised to do so.

What happens when someone violates a protective order?

Violating a protection order can result in additional criminal charges. … Violating a criminal protection order is a Class 1 misdemeanor. On a first offense, you may face 6 to 18 months in jail and $500 to $5,000 in fines.

What happens if both parties break a protective order?

Each order is separate. Each violation can be both prosecuted as a crime and found to be a contempt. If the person who brought the protection order doesn’t want to continue it, it can be terminated. However, criminal prosecution of the violation is up to the state.

Are restraining orders effective immediately?

Is my order effective today? Your restraining order is ONLY effective once it has been served on the defendant. You must have your server fill out the Proof of Service form and return it to you immediately after the delivery is made. File the Proof of Service with the court.

Does an order of protection come up on a background check?

Do restraining orders show up on a background check? A restraining order (known as an order protection in some states) is considered a civil matter. … Violations of these orders are criminal matters, however, and arrests and court cases surrounding them will appear in criminal background checks.

What type of proof do I need to support a restraining order?

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.

Does a protective order go both ways?

A protective order does NOT go both ways.

How serious is a protection order?

For the person to be restrained, having a restraining order against him or her can have very serious consequences: He or she will not be able to go to certain places or to do certain things. He or she might have to move out of his or her home. It may affect his or her ability to see his or her children.