An order of protection against you is a legal court’s method of limiting your ways of living and talking. When one is taken out on you, you are bound to act specifically around the person who took out the order. The specific order may restrict the victim from portrayals of violence, even in passion around the person who took out the order or other people they are surrounded and connected by. This court order is often bound by a specific date, although it can also be expunged. Only after the order is no longer valid can the person affected by it act and talk freely while keeping in line with the existing laws.
Explanation of the Order
An order of protection may vary from person to person, depending on the circumstances of each case. Although the overall purpose of an order is to protect a person who faces harassment, violent behavior, domestic violence, and abuse, it also covers the cases wherein a person is stalked or threatened by someone. The purpose of this court-declared order is to prevent the protected person from being subjected to any harassment or abuse while the order stands. During this time, the order also guarantees that the victim does not have to deal with the target. Even if circumstances occur where the two will have to meet, the order ensures that the interaction is safe and peaceful.
The Consequences of the Order
While the order stands, it protects not only the person who took out the order but also the people surrounded by said person. This ensures that the safety of the protected one’s extended family, children, grandchildren, and close friends are not compromised. The order can last for as long as two years. The details of the order can vary from victim to victim, so the restrictions set by the court may be so grave that the target might not even be able to send messages or stay in touch with their friends and family. The target sometimes also has to maintain a certain amount of physical distance, which may occasionally affect the living situation of the affected person, especially in cases where both the victim and the target live together. In such cases, the target might be required to leave the house.
The target is not allowed to carry any weapons, and the order may make a huge impact on their activities as well such as daily habits and hobbies. It can also end up revoking the visa and green card of a non-citizen target.
Fighting against the Order
Since the order can make an enormous effect on the target’s life, one should always consider fighting against the order. As criminal defense lawyer Omeed Berenjian of BK Law Group says, “an order of protection may dictate the personal and community relations of the affected person. For that reason, it is important for an affected party to speak with a lawyer to ensure that all of the general procedures are followed.”
The procedure of fighting against the order includes hiring a lawyer and negating the evidence of the victim by presenting proof of the target being innocent. The evidence can either be witnesses of the instance of attack or other people who can assure that the target does not have violent behavior.
In the end, the affected person would have to explain the whole scenario which resulted in the order of protection, while also mentioning the negative effects of the order on his or her life. The correct evidence and the right reasons can result in the cancellation of the order.
