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Understand protective orders and what you can or can't do

Family violence is a serious offense, and it must be approached in the right way. When anyone is in danger, they need to seek immediate protection through a restraining order, civil protection order or temporary protection order.

There are many kinds of protective orders. Most important is a temporary protective order, which arises after a criminal complaint. For example, if you call the police on your spouse for attacking you and your child, this is likely the protective order you'll seek.

Other orders can be used to help prevent your spouse from emptying bank accounts or cutting you off from investments, so you can continue your life as normal.

Why are emergency orders so important?

Sometimes, spouses do all they can to get the upper hand in a relationship, especially after a fight. If you fear for your life or the safety of your children, then it makes sense to seek a protective order of some kind, whether it's through a criminal case or is a civil protection order.

Temporary protection orders arise after a criminal proceeding, but others, like a restraining order, need to be accompanied by a lawsuit. Civil protection orders, similarly, can only be ordered during a civil proceeding.

What are some types of protective orders?

The two kinds include ex-parte orders and restraining orders. In ex-parte orders, one spouse is ordered to do something without receiving notice first. For example, you might get this kind of order to prevent your spouse from leaving the country with your children without permission. Restraining orders are different because they require the other party to do or not do something as noted in the order.

Your attorney can help you file for the orders of protection you need to protect yourself and your family.

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