Information About State Protective Order Laws


What Do You Mean By Protective Orders?

Protective orders are also considered as restraining orders which are used in domestic disputes where one party is prohibited to contact the other party. The party is forbidden to visit the child or make custody rights as per the orders of the court.

This order is also used in cases where one party who is the abuser is restricted to visit and come in contact with the victim or the other party. Protective orders are temporary solutions until the evidence is gathered to prove that something permanent is needed. These orders can be issued without the presence of the other party but will only be granted when there is strong evidence to prove the nature of the abuser.

What Is The Duration Of The Protective Order?

The duration of the protective order could last up to a year with extensions. The time duration may vary from one state to another as some states have protective orders limited up to three years whereas others might be valid for just 90 days.

Many states impose a year sentence along with the fine of $1000 and also jail time for violating the restraining orders. The longest protective order time duration of five years that is issued by Ohio state.

Know The Law Enforcement

All the states need the transmission of protective orders to the local law Enforcement agencies. There are twelve states that need the transmission to be done within 48 hours.

 Many states have built statewide registries that help to keep the track of the protective orders that are currently in effect. In states like Iowa, there is a rule where the certified copies of the restraining orders are needed to be given within six hours of the issue.

How Can One Expect The Court Or The Police To Protect?

The court orders the law Enforcement under its jurisdiction in order to protect one along with the family members who stay with the person.

Also there are times when the court protects the family members who stay close to the house even if not in the same house.

What Should One Do If The Defendant Does Not Want To Follow The Restraining Orders?

In case the defendant does not want to follow the restraining order then they can simply call the police and seek help. When the police arrive, they will immediately arrest the defendant and might even charge him with a misdemeanor or a felony. In case the defendant conceals the child in violation of the order may be punishable by confinement in the state prison.

When the defendant decides to travel across the state with the intention to violate the orders that has been given out by the court would be declared as a punishable and federal offense under the act of Violence Against Women Act.

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