One of the most effective legal tools available to victims is a protective order.
Domestic violence is a serious issue that deeply affects individuals and families. One of the most effective legal tools available to victims is a protective order. This is a court-issued document that legally prohibits an abuser from engaging in harmful behavior such as harassment, threats, or physical violence toward the person protected by the order.
A protective order can act as a strong deterrent by creating clear legal consequences for any continued abuse. It gives victims a greater sense of safety and reassurance, knowing the law is in place to support and protect them.
In addition to setting boundaries, a protective order may include practical provisions. These can require the abuser to leave a shared home, give the victim temporary custody of children, or provide exclusive use of shared property. Together, these protections help victims begin the process of healing and rebuilding their lives.
After an emergency protective order is issued, a court hearing is scheduled, and the abuser must be formally served with notice of the order and hearing. The abuser has the right to attend and may request a contested hearing. In a contested hearing, the burden falls on the petitioner to present evidence that abuse occurred and that the protective order should remain in effect.
This hearing can be a critical moment in the process. It’s essential to bring any supporting evidence—such as photographs, messages, or emails—as well as witnesses who can testify to the abuse. Because contested hearings involve legal rights and can be complex, it’s highly recommended that you have an attorney by your side to advocate on your behalf and ensure your case is properly presented.
An emergency protective order is designed to offer immediate safety and support for victims of abuse. It can provide several important protections, including:
After an emergency protective order is granted, the court will schedule a follow-up hearing. You must attend this hearing to extend the protection beyond the emergency period. If your abuser is properly notified but fails to appear, you can ask the court to convert the emergency order into a final protective order, which can offer longer-term protection.
Fighting a Protective Order: Protect Your Rights and Your Future
There are many reasons someone might contest a protective order. The accused may believe the allegations are exaggerated or entirely false. In some cases, they may feel the protective order is being used unfairly—perhaps as leverage in a divorce or custody battle. Being on the receiving end of such an order can feel overwhelming and deeply personal.
A protective order can carry serious consequences. It may limit your ability to see your children, enter your own home, or possess firearms. It can even affect your job or your ability to travel. For someone who believes they’ve been wrongly accused, these restrictions can feel especially unjust.
If you’re facing a protective order, it’s essential to get legal help right away. An experienced family law attorney can help you challenge false or exaggerated claims, advocate for restoring contact with your children, work to lift restrictions that interfere with your employment, and prepare you for related legal matters like divorce or custody proceedings.
Christopher Eggert at Eggert Law Firm understands how high the stakes can be—and he has the experience to help you navigate what comes next.