For many people, especially people who have been victims of a tragedy, of course, a protection order is something that can provide peace, both for the mind and for peace in living life.
Protection orders make victims feel relieved because they finally have the best way to get protection from people who might pose a threat to them. This is also often a method used to send messages to people who have bad intentions towards you who are victims so that they can be arrested and punished by applicable law.
But you also need to know that the conditions required to be able to obtain your protection order are not all the same, but vary from one state to another, adapting different laws, especially in the application of protection for victims.
The protection order itself can be a message to the perpetrator, although this protection order does not prevent criminals from carrying out actions that risk hurting the victim. However, this protection order can be used as the best way to help prove the motive and pattern of previous crimes.
What is a Protection Order?
Protective orders, perhaps, have different names and designations in each State. However, the essence of the protection order itself remains the same. This is an order that is later issued by the government or court to an individual, who is usually the victim of an action that risks causing harm and may even threaten their life. The main purpose of this protection order is to protect the victim from people who may have malicious intentions for a while, usually, protection is provided until the case handled is finished.
In some circumstances, this protection order can also later be used to protect victims of domestic violence, victims of stalking, or even victims of other criminal cases that pose a high risk of danger to the victim themselves. This protection itself will make the victim feel much calmer and can prevent the victim from harassment that might be carried out by the perpetrator of the violence himself. The protection order itself is not something that can be taken lightly, because this order is a direct order which requires a judge to be involved in it and provide a signature so that this order becomes valid.
It is also important for you to remember that this protection order itself does not guarantee 100% that the victim will be safe from the perpetrator of the crime. What is meant by a protection order here is that, when the perpetrator later violates what has been determined by the court, then the victims will have a legal path that they can use to show the pattern of abuse themselves.
This protection order is something that is intended to provide a reminder or message, to an abuser so that they can keep their distance from their victim. This warrant can later be issued by the court after an incident of violence occurs or can be issued after a complaint about abuse, or can also be issued when a stalker continues to carry out these activities, making the victim feel uncomfortable and afraid.
What are the Types of Protection Orders?
When we talk about protection orders, you need to know that there are several types of protection orders that you may not know about. Of course, these protective orders will vary based on the individual situation. Of course, a protection order is something that will be given to you if you want to protect yourself from people who have evil intentions towards you.
The main basis for the court granting a request for a protection order is of course based on cases of violence, be it domestic violence, violence in everyday life, and many other things that are the basis for the government granting this protection order. Of course, again this protection will be granted depending on the situation that occurs.
And here are some types of protective orders you should know about.
1. Emergency Protection Order
This type of protection order is something that will usually be granted later, following a specific incident, which usually results in the victim being subjected to violence. An emergency protection order is a limited order, which has a period. However, it is usually long enough and effective for victims, so they can seek further action.
For example, if a case of domestic violence occurs, this emergency protection letter can be issued to prevent the perpetrator from returning to their place of residence. However indeed, this usually only happens for a short period. However, this can give victims quite a long time to think about the next steps they should take.
2. Temporary Protection Order
You need to know that this type of protection is quite similar to an emergency protection order because it is issued for a certain period. Although, this letter is not issued as quickly as an emergency protection order, this temporary protection order can protect the victim for 14 days until the victim finds a further solution.
3. Permanent Order of Protection
This is the most severe level of protection order available, and it can be used by victims who can prove that they are still in danger from their perpetrator, even after the temporary protection order has been completed. By looking at the situation and conditions, this protection order is given for a much longer period.
How Long Can a Protection Order Last?
Similar to other laws and regulations, money may be included in a protection order. The length of a protection order itself depends greatly on the state and also on the type of protection order granted.
But in general, each state does have laws regarding equal protection orders. However, usually the length of time for providing protection will depend on the case at hand. However, you also need to know that usually, the period given in each state will be different.
For example, an emergency protection order is only granted when a permanent order has not been granted. In many cases, it can be said that these emergency protection orders only last for a few days, so that victims have time until they figure out what next steps they will take.
For anyone who has received a temporary protection order, once again you need to know that the length of time this protection is granted depends on the laws of the State. This protection order itself usually lasts for approximately a week to a maximum of 25 days. You need to know that this protection order itself is issued by a judge so that a person can get protection until a permanent protection order can be approved.
As a final form of protection for victims, a permanent protection order can indeed last much longer if we compare it with other protection orders. Because, usually permanent protection orders have a much longer protection period for victims, which can range from several months to several years.
How to Get an Order of Protection Dismissed
As additional information for you, lifting a protective order yourself is not something difficult to do. However, what often happens is that lifting a protection order depends on the state where you live. Revoking this protection order itself is something that can be proposed by considering the conditions and circumstances that occur.
If you are a victim, in some cases, you can choose to continue using the protection order until the term expires without you asking for a renewal, or you can later file a motion. However, if we look at these conditions, what usually happens is that the protection order is not extended by the judge, or it could also be that the victim has not asked for the order to be extended.
It is also important for you to remember that in many cases if the perpetrator asks for the protection order to be revoked, the perpetrator must first be able to provide concrete evidence that the situation has changed because the perpetrator is usually ordered not to be around the victim. Therefore, the perpetrators must be able to prove that they are no longer a threat to the individual who is the victim.
By using the steps below, you will most likely be able to revoke and cancel the protective order you have. Of course, these steps will be useful for some States.
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- Submitting a motion to the court, you can do this through a lawyer or also through your legal representative.
- Then you can provide documentation that is important and necessary to lift your protective order, such as the name of the order and also the original date when you filed.
- You also need to include a statement regarding why you are requesting that the protective order be revoked or canceled.
Once the motion is successfully filed with the court, you also need to know that the decision to grant permission to cancel the protective order may take time. However, this also depends on several factors, especially factors such as when you submitted this motion and the specific circumstances that are currently occurring.
What to Do If Someone Violates a Protection Order?
If you find someone violating a protection order, you need to know that this form of violation itself can be said to be a form of crime, and of course, anyone who violates this order can be subject to sanctions. If you discover this violation, of course, the best step is for you to immediately contact the police.
You need to remember that breaking the law is not something that can be justified. Anyone who violates a protection order can later be fined or even imprisoned.
Who Grants and Control a Protection Order?
You should know that the person who usually gives and controls protection orders, such as permitting to revoking the protection order, is only the judge. This will have an impact on the person who filed the complaint in the case that is happening to them so that these reporters will not have power over the protection order. However, in the end, this caused several problems for the families involved in this case.
For example, if there is an incident such as someone contacting the authorities, especially after they have received unpleasant treatment, be it from their boyfriend, husband, or even other family members. Later, the police will come to your residence and arrest the person who is the perpetrator. After that, the police will take him to criminal court, so that the defendant himself will not be able to return home or even talk to his partner or other family members.
It is possible that the partner or complainant does not want to use a protection order, because he or she is not afraid of the defendant. However, the person who makes the decision and also controls the issuance of the protection order is not the reporter, but the judge. It could be said that this is something that prevents the defendant from being able to reunite with his family, although it can be said from this case that the complainant still wants to meet and be with the defendant.
Unfortunately, there are still many people who don’t know about this. Most people think that the reporter is the one who controls the protection order. So sometimes there are communication errors, especially when a case is ongoing. This, in the end, causes estrangement in family relationships and can have a very bad impact on a person’s mental health.
Conclusion
So, if we looking at the article above, we can conclude that a protection order is something that can provide long-term protection to the victim. This is especially true for victims of domestic violence, harassment, and other victims of violence so that they can get security and live their lives more comfortably until they can decide what next steps they will take. Of course, as victims, they will receive security guarantees, so anyone who violates this protection order can be subject to sanctions ranging from fines to prison.
