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How Do I Get an Order of Protection?

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How Do I Get an Order of Protection?

Domestic violence is a serious concern that may require more than peaceful talks and patience to resolve. If you have been injured, by an individual, you might require an order of protection. An order of protection, issued by the court to limit the behavior of the violent individual, can be the first line of defense against physical abuse. This "violent individual" does not necessarily need to be related to the victim.

A typical order of protection can require that the abuser:

  • Stay far away from you and your family
  • Cease all contact with you and your family
  • Move out of your shared residence
  • Pay child support in a divorce
  • Surrender any and all firearms to the proper authorities

Violating any part of an order of protection is considered a crime and will likely warrant an arrest. If the individual you needed protection from is violating the order – even if they are doing it nonviolently and without aggression – you should notify the police immediately.

How do I get an order of protection?

For the convenience of those in need, applying for an order of protection can be done in several ways:

  • Contacting a state or district attorney
  • Informing the police that you would like to file one
  • Inquiring with the county clerk in either your or your abuser’s county

After filling out the provided documents, you’ll need to file them, typically with your county clerk. A court date will then be set for a hearing. You’ll have to prove to the judge that your need for the order of protection is real. Ways you can prove that you require an order of protection from an individual include:

  • Physical evidence of harm, such as bruises and scars
  • Written or recorded evidence of threats against your wellbeing
  • Eyewitness testimonies on your behalf

If you need help with any step of this process, from filing the paperwork to providing valid evidence of your abuse, call upon our firm. Contact a Fresno divorce lawyer at the Arnold Law Group, APC today if you have questions about orders of protections.