Domestic violence is one of the more common criminal charges that one can be charged with. Once a defendant is charged with a domestic violence allegation, the court will usually issue a no contact order against the defendant, which protects the victim. Survivors of domestic violence have several civil and criminal protection or restraining order options to protect themselves from further abuse. Although these orders won’t necessarily stop an abuser from stalking or hurting a victim, they allow the victim to call the police to have the abuser arrested if the order is violated. There are three orders which an alleged domestic violence victim can potentially ascertain. These include: 1) an Emergency Protection Order; 2) a Protection Order and 3) a Restraining Order.
In many states, when the police encounter a domestic violence situation, one of the two parties involved in the dispute is required to leave the home or is arrested if there is sufficient probable cause to detain. Often, this person is the abuser, although the police can be mistaken about who the aggressor is. In many states, police officers are also authorized to remove any guns when they arrive at the scene of a domestic violence incident.
In some states, the police can give the victim an Emergency Protection Order (EPO), which is a short-term protection order typically given to a victim by the police or magistrate when his or her abuser is arrested for domestic violence. An EPO is generally for limited period, such as three or seven days, which allows the victim time to request a longer-term protection order.
Furthermore, each and ever state has specific statutes pertaining to some sort of protection order. Although the exact name of these “protection order” may differ from state to state, the essential purpose of the order remains the same. A protection order is different from an EPO because it’s longer term, typically for one to five years, and in extreme circumstances, for up to a lifetime. A victim can renew the protection order if the victim still feels threatened by his or her abuser. A protection order is typically requested in civil court.
Finally a restraining order is an order requiring parties to a lawsuit to do or not do certain things. It may be part of a family law case, such as a divorce, or other civil case. Although this isn’t the same as a “domestic violence restraining order,” domestic violence can be a factor in the underlying family law case.
Restraining orders may be requested ex parte meaning that one party asks the court to do something without telling the other party. If the restraining order is granted ex parte, then the other party is later permitted a hearing to present his or her side of the story. This is often the process for protection orders as well. Since restraining orders also vary by state, it’s important to consult with an attorney familiar with the law where you live. If a criminal case is pending, the respective prosecutors office may request the Court to orderr a protection order for the victim of the crime.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.