146k views
2 votes
If an emergency protective order was originally obtained during the incident, is the process for the preliminary protective order also printed for the victim?

User Haroula
by
8.2k points

1 Answer

3 votes

Final answer:

The victim is usually given instructions on obtaining a preliminary protective order after an emergency protective order is granted. This process is crucial for extending protection and involves a hearing for the victim to present evidence of harm or threat. Proper understanding of this process can help victims prepare for legal proceedings to enhance their safety.

Step-by-step explanation:

The process for obtaining a preliminary protective order typically begins once an emergency protective order is already in place. While each jurisdiction might have slight variations in procedure, generally, the victim is provided with information on how to proceed with obtaining a preliminary protective order. This information is often included in the documentation or communicated to the victim by law enforcement or court personnel at the time the emergency protective order is granted.

According to Carlson, Harris, and Holden (1999), it's important for victims of domestic violence to understand the risks associated with reabuse and how protective orders may help mitigate these risks. The initial emergency order is temporary and intended to provide immediate protection. To extend this protection, a victim usually must apply for a preliminary protective order, which often requires attending a hearing and presenting evidence of the threat or harm posed by the alleged abuser.

Overall, the goal of the protective order process is to provide continuing safety measures for the victim. By having a clear understanding of the steps involved, victims can better prepare for the legal proceedings that follow an initial emergency order.

User Igor Hatarist
by
8.9k points