If you or someone you know have been the victim of harassment or domestic abuse, you have the right to seek one of several protective orders. A protective order would normally consist of a restraining order or a domestic violence protective order (DVPO) to prevent further harassment or abuse. The two documents are different in their amount of restrictions on the aggressor, the process to obtain them, and the class of people they will protect against. Most notably is that a DVPO can only apply to current or former close relationships, and a restraining order can be imposed against strangers if sufficient threat exists.
Understanding and getting a protective order requires close communication with an attorney experienced in domestic violence, but it is incredibly important that you do not hesitate if you feel threatened or uncomfortable by someone. Whether you think you qualify for a protective order or not, please give us a call if you believe you might need one.
According to the National Coalition Against Domestic Violence, more than 10 million people are victims of domestic violence every year. It is a deeply distressing time for all parties involved especially if legal action is involved. If you are a victim or being accused of domestic violence, you need an attorney who understands the process and can lead you through its various stages. Our team can help you with everything related to a domestic violence proceeding including:
- Domestic Violence Protective Orders (DVPO)
What to expect as a victim
As a victim of domestic violence, you are entitled to protection under the law. We will talk with you about your case to get you the best possible outcome. This usually means the imposition of a no contact order under a DVPO for 12 months, but different terms and stipulations can be negotiated. We will work to protect your interests throughout the process, and we will negotiate completely on your behalf.
What to expect if accused
If you have been accused of domestic violence, we will argue on your behalf to protect your rights and negotiate for your interests in a possible DVPO. If both parties decide to settle, we can help you negotiate your terms as well.
When children are involved in a domestic violence case, custody can become an issue. In the case that it does, our team is fully prepared to negotiate custody, emergency placement, and discuss visitation rights if needed.
Domestic Violence Protective Order v. Restraining Orders
To obtain a domestic violence protective order (DVPO), you need to prove that there was an existing or previously existing close relationship such as a romantic relationship, marriage, or familial connection. A restraining order, on the other hand, can be used against a stranger or coworker that has been harassing you. A DVPO, since you need to prove more to get one, is therefore stronger and usually has more restrictions than a restraining order (such as no contact orders or limited visitation rights). Despite that, a restraining order can still be very helpful in keeping an individual away that has been bothering or upsetting you.
It would be to your benefit to contact a lawyer to try to get one of these protective orders if you believe you need one. Likewise, if you feel that you have been wrongly accused and need to defend yourself against the imposition of one of these orders, do not delay in contacting a lawyer to assist you.
No matter what your situation is, we will give you prompt attention, regular updates, and clear explanations regarding developments in your case. We offer FREE CONSULTATIONS for those that have a DVPO against them or those that are wanting to file a DVPO. Call us at 919-335-5291 for your FREE CONSULTATION.