According to the Legal Information Institute, a stay-away order is a type of restraining order in which a judge tells someone not to get too close to another person or area. A stay-away order is provided when someone experiences harm or is afraid of being hurt physically or emotionally by the person who gets the order.
A stay-away order helps keep an individual safe from abuse or threats in a domestic environment. This legal instrument can protect you by outlawing contact with the individual perpetrating the abuse. Securing a stay-away order is complicated and necessitates the expertise of a lawyer.
This article will provide an overview of stay-away orders and how they can be used for family matters.
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What Is a Stay-Away Order?
A stay-away order, mostly called a restraining order, is a legal injunction forbidding a perpetrator from contacting or approaching the party who requested the order.
An order of this category is set to protect the victim from harassment, threats, or domestic violence. Protection is enforced by keeping a person physically away from the protected person. The individual who gets the stay-away order can’t be near the protected person at home, at work, or anywhere else the order states they can be.
An individual should have the feeling of safety, comfort, and peace when the stay-away order is enforced. Whenever one is disturbed or threatened by someone, a restraining order can really help by protecting them from that person and restricting their actions around that prohibited area.
If you break a stay-away order, you could get in a lot of trouble with the law and perhaps get arrested. You can learn more about the stay-away order and how to defend yourself from being incriminated through this website: Santana Law PLLC.
How to Obtain a Stay-Away Order
Restraining a person capable of intimidation is an important method of protecting oneself.
Gather your evidence to back up your story. Evidence can include text messages, relevant emails, or witness statements.
Go to your local courthouse, where you may find the application. Application forms must be completed with precision, giving full details of your situation and the person you want protection from.
After you apply, the judge will go over it and might schedule a hearing date. Prepare to complete your evidence and develop your final arguments in favor of the issuance of the order.
Once the order is signed, keep one copy with you, and one may be given to your local law enforcement agency.
Enforcement of Stay-Away Orders
Non-compliance with a stay-away order is contempt of court and can result in a criminal procedure punishable by fine or imprisonment.
Since these orders seek to prevent the complainant from being harassed or harmed, police will act quickly on any report of a breach. The breach of an order may also be used against you in any other matters considered, such as custody.
Rights and Responsibilities Under a Stay-Away Order
Analyze the stay-away order granted to you so you can properly exercise your rights and comply with the necessary obligations stated in it.
People should not have to worry about their safety when they are within the premises of their home. The order will keep you safe from unwanted contact from the person specified.
You also have the responsibility to comply with the order’s duration and keep away from the particular person.
Document any instances in which a person has violated the order. Documenting a violation helps you prepare a strong case.
When you feel unsafe, or if people do not follow orders, call the police right away. Taking quick action helps you feel and stay safe.
Consequences of Violating a Stay-Away Order
Breaking a stay-away order may bring either punitive fines or imprisonment. With just the violation and being found out, a person can easily find himself in serious trouble.
Breaching a stay-away order will affect your credibility in other family law matters that remain to be settled. It is best that you study the order well and comply with it explicitly.
