An Order of Protection is a court order that establishes certain obligations with respect to the conduct of an individual toward another person or group of persons. Orders of Protection are often issued in the case of Domestic Violence (see further discussion under separate topic).
Under certain circumstances, where the potential of harm may be imminent, a court may grant a Temporary Order of Protection, based on the assertions of only one party. However, before a Permanent Order of Protection is issued, both parties would be given the opportunity to provide testimony and other evidence to the court, either in support of or in opposition to the requested Order.
Orders of Protection typically fall into two categories. A "stay away" order directs a person to have no contact with another person. This usually includes staying away from that person's home or work, as well as refraining from any form of communication with that person (directly or indirectly), except as may be specifically permitted. A "no offensive conduct" order does not obligate the person to stay away from another person, but requires him or her to refrain from any conduct which the court deems offensive or inappropriate.
Orders of Protection, or the violation of an Order of Protection, may result in substantial penalties or consequences, many of which are not always anticipated. If you believe you are in need of an Order of Protection or are the subject of a request for an Order of Protection and have questions and concerns in this regard, please contact Lawrence J. Schwind.