Should You File Criminal Charges With A Protective Order?

Posted on: 14 August 2019


A protective order is something you can file against another person when the other person has hurt you or threatened to hurt you. If you have evidence that this person has a high chance of coming after you to harm you, you may be able to get a protective order. Protective orders often involve criminal charges, too, and here are a few things to understand about filing criminal charges when getting a protective order.

A protective order is not a criminal charge

The first thing to understand is what a protective order really is and what it is not. A protective order is not a criminal charge, and that is important to know. Instead, it is simply an order issued by the court that is designed to prevent a person from coming near or contacting another person. If you get a protective order against someone, that person should not come to your home, your work, or anywhere else where you are at. That person should not call you, text you, or communicate with you in any other way. This order is designed to protect you from this person, and the person could end up in jail if he or she breaks the order.

A protective order is often the result of criminal charges

Secondly, it is important to know that many protective orders are issued after criminal charges are filed. In other words, if a person came after you and tried to kill you, the court would file charges against this person for the crime and may offer to issue a protective order as a result. If the person was placed in jail for the crime, a protective order would not be necessary. If the person was released from jail on bail, then you would likely want to pursue getting a protective order for your safety.

You do not have to press charges against the perpetrator

The other thing to know is that if someone injures you out of anger or for any intentional reason, you may be able to get the court to approve a protective order against this person. If this happens, you will also have the choice whether to press charges against this person or not. To get a protective order, you do not have to choose to press charges, but you have the right to if there is proof that the person intentionally caused harm to you.

If you have any questions about protective orders, contact a law office like Roseline D. Feral Attorney at Law.