The Ins and Outs of Securing a Protective Order

05 Oct The Ins and Outs of Securing a Protective Order

The unhappy truth about failed relationships is that they can sometimes result in outcomes of prolonged hostility, even to the point of frequent fighting and/or stalking. While cold, hard data is hard to come by in terms of how many restraining orders are issued yearly in the United States, some statisticians estimate nearly a million protective orders are put into effect per annum. 

These court-ordered mandates may vary in a number of ways — an order may be issued for a number of reasons, which we will explore further below — but the intention is always the same: to separate an aggressor from a victim. 

Sometimes, employing the help of one of the country’s most trusted security companies is the best way to ensure that the order is respected.

What is a Protective Order

In order to understand exactly how to get a restraining order, it’s important to know what exactly they are and how they are regulated. As mentioned above, a protective order is a court-issued ruling — specifically, by a state judge. There may be some minutiae that pertains to a specific state or other, so it is wise to check with your state’s particular stipulations. 

If you qualify to file for an order with the state (again, according to their statutes), then the judge can review your case and serve an injunction to your abuser, one that is armed with a set of requirements by which they must abide under penalty of fine or incarceration. These include:

• Restricting all contact
• Staying away from all areas frequented by the victim
• Requiring ongoing monetary support
• Surrendering any and all firearms
• Attending therapy

Some protective orders may even pass judgment on the welfare of any children involved as well as common assets held between the two parties.

It’s important to note that if a petitioner feels for any reason that this protective order will not be adhered to by their aggressor, they may get in contact with CBI Security about retaining the services of a bodyguard. 

Working with the Court

Let’s take a closer look at the process of filing for a restraining order. The steps are simple and relatively easy to follow when working with the state office. Consulting with security companies like CBI Security may be beneficial for you as well since we are extremely familiar with the laws of each state in which we operate.

Filing the Paperwork

You’ll quickly learn that there are numerous types of protective orders one can file, depending on your relationship with the other party and the nature of your abuse. There are three main forms you can fill out:

• If you are cohabitants and there is violence involved.
• If you are dating, but living separately, and there is abuse of any kind.
• If you are strangers but there was violence (including rape)

There are stipulations about who qualifies for these orders, beyond the relationship status. These have to do with the petitioner’s age and whether or not family is involved.

Official Review

Once you submit, the form is brought before a judge for official review. The judge, then, has two options before them:

• Grant the restraining order and schedule a hearing between the two parties to take place within a certain number of days. The protective order in effect at this time will be temporary up until the date of the hearing.
• Deny the request, at which time the petitioner can request a formal hearing to present their case before the judge personally.

Unless the petitioner chooses not to pursue an order once the judge denies the request, this step is almost always followed by a trip by all parties to the courthouse.

The Hearing

The courthouse will be filled with security personnel, including any security guard hired by the petitioner. Here, both parties will present their evidence for why an order should or should not be issued by the state. 

• If either of the parties fails to appear at the hearing, their side will automatically lose.
• If the protective order is formally issued, both parties will be served the paperwork simultaneously.

The judge may determine how long the order is in effect; periods may last anywhere from three months to indefinitely. 

This could be a long and grueling process, especially if the victim is suffering from any kind of post-traumatic stress. Hiring a bodyguard from CBI Security may go a long way to alleviating that stress, even in the short term. CBI may be hired for temporary or long-term service, based on your needs.

Author: t6admin