Can you get an order of protection against someone you live with?

Can you get an order of protection against someone you live with?

You can ask for an Order of Protection if the person abusing you or threatening you is a family member, intimate partner, or former intimate partner.

Can the victim violate a protection order?

A victim cannot lift a restraining order, only a judge can. Even if a defendant is innocent of any crime they can still be prosecuted for violating the restraining order itself. Most restraining order violation cases are easily proven. Sometimes the district attorneys office will dismiss a case without filing charges.

What happens if I violate a protection order?

If there is a Personal Protection Order (PPO) against you, it is important to obey it. If you do not obey the PPO, you could face jail time, a fine, or both. The judge can also consider a PPO violation in a divorce or child custody case.

Can a plaintiff violate an order of protection?

No. A victim who has an order of protection (temporary or final) cannot violate his/her own order or be arrested for violating such order.

What happens when someone violates a protective order?

Under Penal Code 273.6 PC, California law makes it a crime for a person to violate the terms or conditions of a court-issued restraining order, protective order, or stay-away order. This offense is a misdemeanor that carries a maximum sentence of up to one year in jail.

Do restraining orders make things worse?

Sometimes protective orders can make a situation worse, victim advocates say. It might offer a false sense of security or escalate the violence against the victim. “For some people it’s more dangerous,” said Kim Larson, director for Marion County District Attorney Victim Assistance Division.

What can I expect at an order of protection hearing?

The hearing will determine if the judge should issue the order of protection and what conditions will attach that restrict the ability and communication with the target. Some provisions of the order will depend on the state and the circumstances that necessitate the use of an order of protection.