Orders of Protection and Injunctions Against Harassment are both court-ruled protections, often used for alleged victims of domestic violence. While there are similarities in their purpose and enforcement, there are some differences in deciding which one applies to the situation. The details of the protections ultimately depend on what relationship there is between the alleged victim and the respondent, and to challenge one, you would need to adhere to different processes.
What is an Order of Protection?
An order of protection is a hearing-granted protection meant for victims– or potential victims– of domestic abuse. Orders of protection are used in situations where there is a close relationship between the victim and the defendant. This may include being their spouse, ex-spouse, family member, roommate, or someone with which they share a child. The alleged victim would need to demonstrate that the defendant’s behavior falls in line with the definition of domestic violence, or explain their belief that it will happen in the future. There only needs to have been one incident in order to gain an order of protection.
How is an Order of Protection Challenged?
To challenge an order of protection, the defendant must request a hearing. This gives you the opportunity to have the court review what you submit and consider whether to uphold, or quash, the order. The court may also modify an order in some fashion.
What is an Injunction Against Harassment?
An injunction against harassment is also a type of court-approved protections meant for those being deeply annoyed, alarmed, or upset by the continued actions of another person. These injunctions are meant for those with or without a close relationship and must involve several incidents to be considered harassment. These incidents cover a wide variety of behavior, from offensive phone calls to the potential for more violent or dangerous acts. Injunctions against harassment are also often pursued by those who cannot gain an order of protection.
How is an Injunction Against Harassment Challenged?
When an injunction against harassment is issued, the first step to challenging it is requesting a hearing. You will be given the chance to explain your opposition to a judge, who will apply the law in making a decision on whether the injunction should stand.
In either situation, when facing an order of protection or an injunction against harassment, you should have a skilled attorney at your side. I am here to help guide you through the process, explaining what you are being served with and the potential consequences, as well as leading your opposition when challenging either form of protection. In court, it is always best to have the experience of an attorney to help protect you and your best interests. If you’re facing protection orders, then I am here to help ensure that one bad decision doesn’t ruin your life.
Let’s discuss your case! I offer a free consultation to get to know the details, then we can get to work on our approach. Give my office a call 520-333-3348 and we can meet at my new office, 7400 N Oracle Road Suite 150.