A protective order can take several different forms. For instance, a judge can order people in an intimate relationship to refrain from contacting each other during litigation or in a bond review hearing. In a child sexual assault investigation, the court can limit a lawyer’s ability to view or transmit interviews of children.
Several different types of protective orders depend on the circumstances of the case. An experienced domestic violence attorney can help to revise or eliminate the provisions of an Omaha protective order.
An order of protection can be especially impactful in a marriage or a long-term relationship because a person is ordered by the court not to have any contact with their husband, wife, or significant other. This can be made especially difficult when children are involved.
Types of Protective Orders
“No contact orders” eliminate the ability of the parties to disclose information to each other. Protective orders try to protect certain parties involved during litigation. The type of legal protection that judge orders depends on the circumstances of the case.
Restraining Orders vs. Protective Orders
A restraining order prohibits a person from contacting, harassing, or otherwise communicating with the protected party. A protection order or harassment order can be taken out against a spouse, significant other, roommate, or any other person. A person facing a domestic violence protection order is not charged with a crime, but rather is only ordered by the court to not have contact.
It is important to consult with an experienced lawyer when facing a protection order or domestic violence order in Omaha because there is a limited amount of time to contest those hearings. These orders are typically put into place for a year or two, and any contact can lead to a crime of violation of protection order.
On the other hand, protective orders in Omaha are typically handed out by a judge in a criminal or civil case to control the conduct of the parties. A person who violates one of those orders could be held in contempt of court, have their bond revoked, or have other conditions applied.
Under What Circumstances Might a Judge Grant a Protective Order?
An Omaha judge would grant a protective order if there was, for example, alleged domestic violence between a person and their significant other. Sometimes, judges impose a cooling-off period to make sure that people stay safe when violence is alleged. As a case unfolds, the court may amend or eliminate these conditions as the parties start to reunify, or if the party who made the initial report desires to have the protective order removed.
The Significance of Good Cause
In a civil protective order, a judge decides on whether there is good cause to prevent contact between the parties. Things like a husband and wife in a domestic violence situation or a parent or caregiver and child in a child neglect situation may form the basis of a protection order.
The court also has the discretion to order the parties to not have contact or only have contact in certain situations – such as in counseling or concerning certain topics like the welfare of their children or divorce proceedings – throughout the case.
Ask an Attorney about Omaha Protective Orders
A lawyer from Berry Law can help you refute allegations of domestic abuse or household violence. Omaha protective orders can have a substantial impact on the outcome of a criminal case, so it is essential to seek the professional help and guidance of a local attorney. Call our team today to start building your defense as soon as possible.