Wednesday, July 25, 2018

How Can You Differentiate A Stalking Order From A Restraining Order?

In order to make sure that a country is safe from all kinds of internal disruptions and all the citizens are behaving in a proper manner, the presence of vehement laws is extremely important. It is basically a system that reaches out to the people to look after the fact that they adhere to the specific will of the state. Without these laws, the peace and serenity of the society would tend to get disrupted.

Now, according to the various laws enforced through governmental or social institutions, stalking and restraining laws of a country holds an important position in the advent of safety of the citizens. So in order to understand these laws individually, you first need to see the differences between a restraining order and a stalking order.

Consequences For An Order Violation

As per the Oregon stalking laws, most of the stalking orders are of permanent nature, leaving aside a few exceptions. Whereas, most of the restraining orders are meant to last for about a year and is required to be renewed in the court by the respective petitioner. Moreover, violating a specific stalking order is a grave criminal offence for which you might have to go to behind the bars for around a year.

 In the same context, the violation of the restraining order is not a criminal offence in itself but it proves to be contempt of the court and has a punishment for about six months behind the bars. If the violation of stalking and restraining order in Oregon is repeated for the second time then the person violating the stalking order might go to jail for a longer period of time depending upon his criminal background. Whereas, the punishment for violating the restraining order for the second time still remains to be six months. 
   
Terms For Order Qualification

In most cases, it has been observed that getting a stalking order is much easier as compared to obtaining a restraining order. A restraining order is issued to a person who goes through severe cases of actual abuse in place of just a contact as in the advent of a stalking order.

The Eugene criminal defense attorney clears the fact that for obtaining a restraining order, an act of abuse is mandatory, and for a stalking order, at least two contacts are required. In both the cases, the trials are heard by a specified judge in place of a jury.

Requirement Of A Criminal Defence Lawyer

Whenever people are stuck in the procedures of obtaining a restraining or stalking order, it is always advisable to hire a professional criminal defence lawyer. This is because all the legal procedures are associated with a number of paperwork, trial pleadings, and extensive patience.

Without the presence of a lawyer who has sound knowledge of all these aspects of law, you would tend to lose your track and end up in a huge mess of legal possibilities. Therefore, in order to obtain the restraining and stalking orders without any hassles, always consult a professional criminal defence lawyer.

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