Provisions in Protective Orders: Additional Protection After a Separation
by Mashum Mollah Human Resources Published on: 25 July 2019 Last Updated on: 26 June 2021
Your home is a haven of safety, but it could also be a place of danger for some people. This is because of the rise in domestic violence cases. Domestic violence is described as any form of sexual, physical, or psychological abuse between people in an intimate relationship. Most people experiencing this abuse feel helpless, trapped, and scared. While these are all normal reactions, you should not let them stop you from getting out of the relationship.
Most will seek the services of a Santa Fe-based divorce attorney to get separated from their partner. However, the abuse may continue even after the separation. As such, the attorney will recommend getting a protective order in addition to the divorce. People assume that a restraining and protective order is the same document. Restraining orders will keep your spouse from taking a specific action in your divorce like damaging property or canceling an insurance policy. The protective order, on the other hand, is primarily intended to keep an abuser away from a victim and features several provisions for the same.
Peaceful Contact Provision:
This will allow your ex to talk to you peacefully and only when necessary. The peaceful contact provision is generally used in divorce cases that involve children. Here, the abusive partner will be allowed to communicate with the victim peacefully on matters concerning the children. The peaceful contact ordinarily happens during the kids’ transfer and the conversation should only center on the children. Sometimes the court might appoint a supervisor to guarantee the contact is peaceful.
No Contact Provision:
Here, the abuser is banned from having any contact with the victim. The contact, in this case, includes calling, texting, social media contact, and passing messages in any way. No contact provision is standard in relationships that do not have any kids involved and have extreme violence reported.
The stay-away provision closely mirrors the no-contact provision. It prohibits an abuser from coming within a specified distance of the victim at their place of employment, school, and home. The judge often determines this distance.
Counseling Provision:
This mandates an abuser to seek professional counseling services for their violent actions. Counseling provision is generally used in cases where a couple seeks a temporary separation and tries to work things out. It might, however, be used in divorce cases to ensure a victim is not violent towards their next partner. The courts might also require proof that the abuser sought counseling before they award him or her visitation rights for the kids.
In the last few years, the cases of forced entry into homes have been on the rise. This can be something that can be incredibly dangerous for both your life as well as the life of your children. It is essential that you work with the best restraining order attorneys in LA to ensure that you get legal protection against such activities. You never know how someone who is dissatisfied with a custody battle can react in violent or abusive ways. Getting a restraining order can be your safety net against such harmful activities.
Firearms Provision:
This requires an abuser to give up any firearms, or restrict them from purchasing one. The firearms provision is usually included in cases where an abuser threatens a victim with grave harm if they leave. This provision is often used in conjunction with others for a victim’s optimal protection.
Violation of the above provisions by an abuser will be considered a criminal offense and incur various penalties. These provisions last from one to five years but they can be renewed after their expiry if the victim still feels threatened. In a few instances, protective orders can last a lifetime. Your attorney is best placed to assess your situation and recommend the type of provision you should pursue and its timeframe.
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