Family law, like many areas of law, can be confusing and intimidating. Unless you’ve had training in legal concepts, some of the terminologies that get thrown around can sound like gibberish. Beyond that, sometimes it can be difficult to understand what the terms of a court order may mean. To that end, protection orders can significantly impact the lives of the people involved. We’ve dedicated this article to discuss protection order terminology and some of the common restrictions imposed or afforded by a permanent protection order.
The protected person is the individual who gains protections by virtue of having a protection order in place. The protection order will afford this individual with various protections.
The restrained person is the individual whose liberties have been restricted by virtue of being restrained pursuant to a protection order. The restrained person will have their behavior and/or rights restricted in some fashion. Should the restrained person refuse to comply with the terms of the protection order, or otherwise violate the protection order, they may face fines and/or incarceration.
A temporary protection order is a form of temporary relief granted by the court for a person who is fearful of an imminent threat of danger. Generally, the court will set a hearing within 14 days for a determination as to whether the temporary protection order should be made permanent.
A permanent protection order is a durable continuation of a temporary protection order. It’s important to note that the provisions of a protection order can’t be altered by agreement of the parties or permission by the protected party. Therefore, the terms of a permanent protection order continue until modified or dismissed by the court.
Generally, a permanent protection order will possess a few key characteristics/provisions. For protection orders, it is typical to see at least some of the following components (and possibly others):
Generally, the restrained person will be prohibited from contact with the protected person. This often will include a prohibition against attempts to communicate with the protected person through third parties. Occasionally, for cases with children involved or other ongoing matters, the restrained person may be allowed to communicate with the protected person through limited channels, and/or about limited subjects.
Typically, the restrained person will be prohibited from various locations. These locations will often include the protected person’s residence, school, workplace, as well as possibly the residences of friends or family members. Furthermore, the restrained person will be restricted from getting within a specified distance of the protected person.
If a person is restrained under a protection order, they also will be restrained from purchasing or possessing a firearm, or ammunition. Typically, the restrained person will be required to relinquish all firearms and/or ammunition to law enforcement, or some other third party. Failure to relinquish all firearms and/or ammunition, or continued possession of a firearm, may constitute a felony.
Whatever circumstances have brought upon the necessity of a protection order, it’s rather critical to understand some of the protection order terminologies. Beyond that, whether you are the protected person or restrained person, you should absolutely take the time to understand the details of your protection order. If you have questions about protection orders or any family law matter, take the time to consult with an attorney. Here at Modern Family Law, we specialize in family law and we provide free consultations with our team of family law attorneys. If you have questions about family law, take the time to call us today for a free consultation with one of our attorneys.
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