Is there a difference between a restraining order and a protection order?
Is there a difference between a restraining order and a protection order?
We learned that restraining orders are filed to keep someone from doing something. These are common in divorce cases. We also learned that protective orders are filed to keep someone safe from a dangerous person.
How long does a protective order take to get?
The Protection Against Family Violence Act allows access to a judge or justice 24 hours a day to obtain an emergency protection order with an automatic review by a Queen’s Bench judge within seven days. Free legal assistance is available for the review process from Legal Aid.
Who can apply for an emergency protection order?
Subject to certain exceptions, it can be made for a maximum period of eight days. Anyone can apply to the court for an emergency protection order if they fear that a child is in danger, but almost all applications are made by local authorities.
What happens if you break an EPO?
Violating a criminal protection order is a Class 1 misdemeanor. On a first offense, you may face 6 to 18 months in jail and $500 to $5,000 in fines. Any subsequent offense is a Class 1 extraordinary risk misdemeanor with a penalty of 6 to 24 months in jail and $500 to $5,000 in fines.Farvardin 27, 1399 AP
Can an EPO be dropped?
When an order of protection starts, it is possible to drop it based on certain circumstances, but the judge or another judge will still need to evaluate the situation. There is usually sufficient evidence given to the judge so he or she may ensure the safety of the individual.
Is posting on Facebook a violation of a restraining order?
The rise of social media as a means of interaction has changed what the courts consider to be “contact.” Courts across the U.S. have determined that interactions on Facebook, Twitter, Instagram and other social media networks can violate the terms of a restraining order.Bahman 13, 1396 AP
Does following on social media violate a restraining order?
Time and time again, U.S. courts have held that interactions on social media networks can violate the terms of a restraining order. Previous court decisions indicate that sending private messages to the protected individual can constitute a restraining order violation.Bahman 28, 1398 AP
Can you get a restraining order from someone texting you?
yes she can, depending on how mean they have been and whether or not there are threats in the messages. Michael Schwerin, San Jose, California phone: email: schwerin@ix.netcom.com. Consultation fees, rates and retainers vary based on need and ability to pay.
What do you have to do to get a restraining order?
Write a paragraph about the most recent incident against you and a paragraph about the worst incident against you. Be sure to mention if the abuser has used, brandished, or owns weapons. Give complete quotes of threats to harm, kill, or kidnap. Include incidents of forced sex.
What can I expect at a protective order hearing?
It’s much like a mini-trial. Your attorney would have the right to cross examine those witnesses, and then put you or other witnesses on to combat it. Then those people can be cross examined, and then at the end, arguments are made for or against the order, and the judge makes a decision. It’s very much like a trial.
Is texting someone a lot harassment?
Is It Harassment to Text Someone Repeatedly? The short answer is yes. When you receive repeated text messages, it can count as harassment.
