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What to Know About Protective Orders and When to File

There are three types of protective orders that you should know about. When it comes to safety, there are tools in place to protect you and your family members. Even if you feel helpless, you can file a protective order to do everything you can to call on the law to protect your family.

3 Types of Protective Orders

It can feel vulnerable to admit that it’s time to file a protective order. However, whether you live with ongoing domestic abuse or a new situation arises, going through the necessary legal channels will provide you with the most security that is offered.

Take a look at the options:

Emergency Protective Order

You can file an emergency protective order (EPO) if there is clear evidence that you have suffered domestic abuse. An EPO is also granted if your child is in immediate danger of being abused or abducted. Also, if a senior citizen is at risk of abuse or abduction, an EPO can protect them.

An emergency protective order is granted immediately and is valid for 7 calendar days. The purpose of the EPO is to buy time and protection for the subject while filing for a temporary restraining order.

Temporary Restraining Order

A temporary restraining order is granted for the same reasons listed above but will last for 20-25 days while you wait for a judge to hear your case. Once the case is over, a judge will determine whether they can grant you a permanent restraining order.

Permanent Restraining Order

This kind of restraining order is only granted after a hearing has taken place. For example, suppose a judge can determine from the evidence that you or your family member is indeed at risk of domestic violence or harassment. In that case, they will grant you a permanent restraining order. For domestic violence, this can be valid for up to 5 years. Also, for a civil harassment case, this restraining order lasts for 3 years.

Do not delay in contacting Miles & Hatcher, LLP if you feel in danger. We will help you draw up a protective order and file it immediately. Call to schedule a meeting today: (909) 481-4080.

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