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In instances of domestic abuse, domestic violence, or stalking, a court can order a stay away order, requiring one person (usually a family member or spouse) from staying a certain distance away from another and/or from having any contact whatsoever with the protected person. A stay away order is meant to protect an individual (usually an alleged victim of domestic violence/spousal abuse) from being physically or sexually abused, stalked, attacked or harassed in any way.
A stay away order can also keep the defendant (accused person) from going near the protected person's house, place of work, vehicle, children or other family members, and anywhere else the protected person frequently visits.
A stay away order is usually presented to the defendant in a criminal court when a case of domestic violence or abuse is opened. The order can last up to three years or until the domestic violence case is resolved. An attorney can help extend the length of the stay away order if necessary.
If the defendant violates a stay away order, (s)he can be arrested and charged with a criminal misdemeanor. This violation is punishable by up to six months in jail and is considered a serious offense.
If you need to be protected from someone that has committed any act of domestic violence or abuse against you, an attorney should be contacted right away. If a case of domestic abuse is opened in court, you may need an attorney to protect you and stand up for your rights. When requesting a stay away order, the defendant may contest the accusations and fight the order. A lawyer familiar with stay away orders can help present evidence and facts to justify your case and get you the protection you deserve.
If you or a loved one needs a stay away order, contact Attorney Search Network today for a lawyer referral to a lawyer that can help you feel safe again.
If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out out online form for your family law lawyer referral.