Human beings are the most powerful species present in the ecosystem. There is no predator to human life as of now. If any such threat arrives, strict laws are built to waive it off. It is our fundamental right to feel safe in our society.
If anyone tries to curb our freedom of privacy by any means, he/she will strictly face the consequences. One such step the court takes is a protective order or restraining order. Any individual cannot threaten or harass other beings as this will only take away the harmony of people’s lives.
What is a protective order?
A is a court order that combines a few laws and binds the trouble maker into some set of laws. He/she cannot perform any malicious activity harming the person. If any such activity is carried, the abuser will have to face legal proceedings in the future. One should not misunderstand local molesting with this. A court statement is only issued when the crime is proved or evidence accumulated against the abuser.
When do we get a protective order?
There are a certain set of rules. If your situation satisfies those rules, only then can a protective order be issued. The main aim behind issuing these orders is to prevent harassment of commoners. Some instances when you can be granted the protective order are :
- Both parties have known each other for a long time. A previous relationship between the abuser and victim.
- If both the parties are still in contact with each other.
- Strong evidence if the abuser is constantly targeting the victim.
If the victim proves all these cases, a protective order can be issued.
When should one apply for a protective order?
You will need a protective order when your past enemy or ex-partner is sending life-threatening and hate messages, when you are seriously abused, sexually assaulted, when someone is unnecessarily stalking you and curbing your private space.
How much time does it take to receive the protective order?
Time taken to receive the order depends upon the seriousness of the case. It depends on what ground you are filing it. One key point is that the order can be either temporary or permanent. A temporary order can last for a week or two. The permanent order period is two to three long.
What happens if one disobeys the order?
If the abuser breaches the order and disagrees with the terms and conditions, heavy charges are put on him /her. The individual will lose some of the rights and also face custodial sentencing. As the court is strict on such matters, they ensure no one breaches the order.
How can one remove a protective order imposed on them?
The only way to remove the protective order is to falsify the statements you are accused of. Put Forth proper evidence to support your statement. As the order is imposed through a court, it will only get removed through court processes. After understanding both the parties well, only then will the court give its final verdict.
Know The Difference!
Hence getting into the court business itself takes a lot of time, effort, and money from your side. The protective order is one such law that is present to help the commoners free local abusers and goons so that they can lead happy lives.