If you have been through a divorce, you may relate to the high levels of emotion that arise around such a stressful time. There are often cases when couples divorcing become very emotionally charged and for example may go to the other spouses house in the middle of the night and harass them, or one may send the other hundreds of text messages with emotionally abusive content. Understandably, these types of situations have a high chance of rendering someone unable to sleep and filling them with anxiety. This is where an Order of Protection can come in useful.
An Order of Protection is a document issued by a court and signed by a judge to help protect you from harassment or abuse. In an Order of Protection, a judge is able to limit another person’s behaviour in relation to harassing you. A judge is able to:
Order your (ex)partner/abuser to stop harassing you and your children
Tell your (ex)partner/abuser that they are not permitted in or around your home, your workplace and your family
Instruct your (ex)partner/abuser to have no contact with you— this includes no phone calls, letters, emails or attempting to contact you through other people
Dictate to your (ex)partner/abuser to stay away from the children and places the children will be (for example school, daycare etc..)
Determine issues related to the custody of your children, visitation and child support
Order the person who has been harassing/abusing you to pay for expenses related to the abuse that has taken place
Amongst other things.
As there are many things to consider in reference to whether an Order of Protection is beneficial to your situation, you may want to consult a law firm that is able to advise you on the right direction to go down. Here at Gorodetsky Law Group we would be happy to help you with any issues regarding this.
Once an Order of Protection is issued, only a judge has the power to change or amend it. There is no fee to get this type of order and it lasts for one year - it can also be renewed at your will. If your (ex)partner or abuser violates any instructions from a judge on this order they can be arrested.
You are able to get an Order of Protection if you are 17 years of age or older and have been abused or harassed by a spouse, a former spouse, any adult you live with or have lived with previously, an adult you have been in an intimate relationship with, someone who is stalking or harassing you or someone you have had children with (even if you are not married or living together currently).
There are many ways an Order of Protection can be of help to you and your family, including:
The fact that police are more likely to consider your case more seriously if you have an Order of Protection
If someone is harassing or stalking you, they can be arrested if he or she violates an Order of Protection
If you are being stalked or harassed, an Order of Protection can protect you at your job and help your general sense of well being
An Order of Protection can help establish who has custody of any children you and the person in question has together under the age of 18
We hope you’re never in a situation that means you have to take the steps to get an Order of Protection, but if you do know we are able to support you every step of the way.