According to the Legal Information Institute, a stay-away order is one of the types of restraining orders that a judge restricts a certain individual with the closest limit to another person or to an area. Whenever someone is being harmed or is terrified of receiving physical or mental harm from the person getting the order, a stay-away order is issued.
A stay-away order is a court order that says one person can’t approach or contact another person. This is usually done to stop domestic violence, harassment, stalking, or family arguments from getting worse. When there is a divorce, child custody dispute, domestic partnership, or other close relationship, these orders often come up. If they are broken, there are serious legal consequences. Getting a stay-away order is a complicated process and requires a lawyer’s help.
Let’s take a look at how stay-away orders work, such as when they can be asked for, what restrictions they put in place, and how they affect rights to custody or visitation.
Table of Contents
What Is a Stay-Away Order?
This sort of order is to assure that the victim is not subjected to any kind of harassment, threats, or violence in the home. The person who is supposed to be the cause of all the trouble is kept away from the person who is in need of protection as long as the so-called protection order is effective. The banned person can only be in places allowed by the order.
An individual must experience nothing less than safety, comfort, and tranquility when a restraining order is in place. If an individual feels beset or menaced by another, such an order can certainly provide relief by ensuring the person bothered does not come around.
A stay-away order breach may result in a legal issue that is grave at the least and arrest at the most. The law firm Santana Law PLLC advises that if you want to give yourself the best chance of getting your legal problems solved quickly and easily, a lawyer can help you decide if a stay-away order is necessary in this case. A family law lawyer can look at the facts, gather evidence like police reports, medical records, witness statements, or communication logs, and figure out the best legal reason to ask for or challenge an order.
How to Obtain a Stay-Away Order
Silencing a person who can intimidate is a necessary step to enforce protection for oneself.
As soon as the order is official, keep one copy with you and the other may be given to your local police department.
Enforcement of Stay-Away Orders
If someone doesn’t follow through with a stay-away order, they could be charged with contempt of court and face a fine or jail time.
Police will respond without delay to any report of the violation since the orders are made to protect the complainant from being harassed or harmed. The violation of the order may also be used against you in any other matters considered, such as custody.
Rights and Responsibilities Under a Stay-Away Order
Properly interpret your stay-away order so you can acquire and exercise your rights as well as comply with the necessary obligations mentioned in it.
Safety in one’s own home should not be a concern. The order will protect you from any unwanted communication with the specified individual.
You must bide the order’s time and keep your distance from the specific individual.
Keep a record of the violations of the order by a particular individual. Collecting evidence of a violation enables you to prepare an excellent case.
If you feel unsafe or notice non-compliance with the orders, contact the police right away. Taking prompt action helps you to feel and stay safe.
Consequences of Violating a Stay-Away Order
If you don’t follow a stay-away order, you could get fined or put in jail. It’s easy for someone to get into more trouble after breaking the law and being caught.
Violation of a stay-away order will result in your decreased credibility in other unresolved family law matters. It is advisable to understand the order thoroughly and comply with it without fail.
