Restraining orders, which courts also refer to as protective orders, can help survivors of abuse protect themselves from further harm. In many cases, the person seeking protection will attempt to limit contact with someone close to them, such as a family member, intimate partner, or friend. Specific types of protections awarded by the court will depend on the relationship between the survivor and their abuser.
One of our compassionate team members can help you understand what type of protection you can pursue in the aftermath of family violence. Alternatively, individuals facing a restraining or protective order should also seek the guidance of a local attorney. Regardless of the circumstances, a Cherokee County restraining order lawyer at our firm can help individuals protect their legal rights and interests from domestic abuse.
For protective orders, abuse includes any form of battery or assault, stalking, unlawful restraint, criminal trespass, and criminal property damage. Specifically, any violent felony committed against a relative may qualify for legal protection.
Importantly, the law excludes certain disciplinary tactics used by parents from its definition of abuse. However, any parent who physically disciplines their child must do so in a reasonable manner. A Cherokee County attorney can help you understand whether your case qualifies for a protective or restraining order.
The law provides a solution for individuals facing abuse or who fear for their safety in the form of a legally enforceable protective order. However, these orders only apply when the parties share certain relationships.
State law will define any physical violence that takes place between the following parties as actionable abuse:
A restraining order can prevent someone from contacting another individual and their relatives, as well as bar them from entering locations that the protected party frequents. However, the terms of a protective order will vary depending on the specific facts of a given case.
A violation of a protective order could have legal consequences for the offending party, even if the protected party allowed the violation to take place. Some restraining order violations lead to contempt of court, while others lead to criminal charges for failing to comply with the order. A Cherokee County restraining order attorney can help anyone involved in these cases understand their legal rights and/or obligations.
If you are seeking a restraining order, you must file a petition for protection with a local family court. The court may issue a temporary order to protect you from immediate threat of harm until a hearing can be held to determine the need for ongoing protection. The alleged abuser is not typically present in emergency hearings, meaning temporary protection orders are “ex parte.”
The judge will set a day and time for a hearing, during which the alleged abuser will have the chance to defend themselves against your allegations. At the conclusion of the hearing, the court may enter an order that will last for one year and which can be extended for up to three years. The judge can also deny the request for a restraining order if they do not believe that you require protection from abuse.
When relationships become violent, it is important to understand your rights. A restraining order can help protect you and your family members from future harm. A Cherokee County restraining order lawyer on our team can help you learn more about your rights and legal options against domestic abuse or false allegations thereof. When facing fears of violence, these protections may be vital, so call our firm today.