How to Get a Court Order?
There are a large number of reasons why an individual moves to court to get a court order. Oftentimes, it is to prevent another person from doing a particular action. Court orders are mainly requested for in family court situations, such as abuse or domestic violence, and for criminal cases such as stalking and harassing.
How To Get a Court Order?
There are two options an individual can peruse in order to receive a court order. The two options are court proceedings and a trial outside the court. Usually, individuals opt for the latter option as it is faster, more convenient, and does not take time out from their day. On the other hand, court proceedings tend to be a long, drawn-out process, with the trial sometimes lasting for a few months. Thus, in this regard, it seems easier to resort to a trial outside the court.
However, court proceedings have their advantages as well. If an individual is pressed for time or is in a precarious situation, especially in regards to criminal cases, the best recourse for them is to opt for a court proceeding. In this way, they are assured of protection by the law.
Types of Court Orders to Opt For
Depending on the kind of situation a person is in, and the type of protection they require by law, there are a number of court orders that a person can opt for, in order to ensure maximum protection for themselves or their family. Some of the more popular court orders are listed below:
- Temporary Restraining Order: A temporary restraining order can cover a wide range of activities. However, these kinds of restraining orders are given most commonly to people to forbid them from selling something, for example, property, prevent them from going somewhere, and stop them from meeting the person taking put the court order. A temporary restraining order can be issued with both an outside trial and a court proceeding.
- Emergency Protective Order: An emergency protective order is issued to help a person protect themselves or their family from a possible violent attack or harassment. This is mainly issued after is can be proven that the person or their family has been receiving violent, threatening, or disturbing messages. An emergency protective order is usually temporary, set in place until it can be replaced by a more permanent order. These kinds of court orders are always issued after a court proceeding.
- Child Protection Order: Unfortunately, child protection orders are becoming more and more frequent. These orders are usually requested for by the legal guardian of the child, against an adult. The child is always a minor is this case, and the offending party is usually their family members, including their parents, siblings, or other relatives. In addition to this, a child protection order can also be issued in order to protect a child from being exposed to domestic violence or abuse in their home. Even though a child protection order can be determined both by a trial and a court proceeding, the latter is often given precedence, as more often than not, these cases fall into the purview of a criminal case.
Requiring an Attorney
People grapple with whether they actually require an attorney or not when pursuing a court order. Usually, the presence of an attorney may not be required on the spot. But it is obviously a wiser decision to employ the services of an attorney, especially at the initial stages. Proper understanding of the law is essential when applying for a court order, as even the simplest of errors could cause the case to be thrown out.
Court Order Search
If you need to find a court order, you can perform an online court order search. Government websites operate online directories where you can perform an online court order search. To find a court order and discover what it was issued for, you will need the case type, the case number, and the year when the court order was issued.
Electronic case files have been available since 1999, so if you need to find a court order from that year forward, you can do so online. If you need to find a court order that was issued prior to the year 1999, you will need to contact the court where the case was handled and file a request to get a copy of the order.