While cases vary, there are 3 main requirements of an order of protection.
1. What is a stay away provision in the Order of Protection?
This provision requires you to stay away from the alleged victim or victims. This includes not just the person, but their home, school, or employment.
The order or protection limits what you can do, not the other person. As an example, if you are out grocery shopping and see the protected person, the responsibility is on you to immediately leave the area. The protected person is not under under any obligation to do so and even if you had no intention of seeing them at the store, if you stay there, you may be violating this provision.
2. What is the no communication provision in the Order of Protection?
This provision requires you to have no contact with the alleged victim or victims, otherwise known as the protected party. This includes every way you can imagine including talking, texting, skyping/zoom, any social media (Facebook, Instagram, Tik-Tok, Snapchat, etc.) including leaving comments, leaving phone messages, and sending mail or e-mail.
Also, you cannot have any “third party contact”. As an example, you cannot ask your friend to go and talk to the protected party for you or to deliver a message for you. Doing this would also violate the order of protection.
3. What is the no bad acts provision in the Order of Protection?
This provision usually lists a very long list of acts that you cannot commit against the protected party such as: assaulting, kidnapping, harassing, stalking, etc. Everything on this list is already something you cannot legally do to anyone. However, this provision increases the potential penalties you now face if you commit these acts against the protected person.
As an example, if you assault someone while an order of protection is in place to protect that person, you will not only face a misdemeanor charge of assault, but you will also face additional and more serious charges, including a felony for criminal contempt.