Unfortunately, it is likely that you or someone you know has been a victim of abuse which may or should have resulted in a Protective Order or Peace Order. On this week’s #TuesdayTips article the attorneys at ERA Law Group, LLC want to explain the difference between Protective Orders and Peace Orders in order to help victims best protect themselves as quickly as possible.
A Protective Order is ordered by a judge and instructs the abuser to stop committing a specific act or set of acts against others. To be eligible for a protective order you must have fall within one of the following relationship categories: (a) current or former spouse, (b) residing together in an intimate relationship for at least 90 days within the year of filing, (c) related by blood, marriage or adoption, (d) have a parent-child or stepparent-stepchild relationship and resided together for at least 90 days within the year of filing, (e) have a caretaker-vulnerable adult relationship, (f) be parents of a child together, and/or (g) have had a sexual relationship within a year of filing.
Unlike a Protective Order, a Peace Order is a form of protection for anyone who is experiencing some sort of problem with an individual such as a neighbor, stranger, etc. When filing a Peace Order the relationship between the parties is not a factor.
What a Judge can and cannot order also varies based on the type of Order requested. In both cases, a Judge can order the abuser to stop abusing you and to stay away. In the case of a Peace Order, a Judge can also order counseling, mediation, and for the abuser to pay the court costs and filing fees. Because a Protective Order involves more intimate relationships, a Judge can also impose more restrictions and make additional awards. For example, a Protective Order can award temporary custody or visitation, emergency family maintenance (or, financial support) to be paid by the abuser, award possession of any pet, award use and possession of a jointly titled car, etc. It can also order the abuser to stay out of the marital home, stay away from your child’s school, and to stay away from and not contact family members.
We’re here to help. If you or someone you know is suffering from abuse and needs help, contact ERA Law Group, LLC today at (410) 919-1790.