When tensions run high you may find that you are in a dangerous situation and need an added layer of protection. Likewise, you may find that one party to a case believes that seeking a protection order or alleging danger will give them a leg up in a divorce or allocation of parental responsibilities case.
Harassment, abuse, control and violence, or just the threat of any of these things, should be taken seriously and addressed quickly. If you are afraid for your safety, our attorneys are prepared to assist you in seeking a protection order.
If you have been accused of domestic violence, we are also prepared to help you defend against the allegations that have been made against you. Protection orders can have long-term implications that may impact your future employment, ability to volunteer at your children’s school, etc.
Our attorneys are here to help you navigate the protection order process.
DIFFERENT TYPES OF PROTECTION ORDERS
Each domestic violence dispute is different from the next. The two types of civil protection orders are:
Temporary: If a person feels or claims that they are in immediate danger, a temporary protection order can be issued by the court at an “ ex parte” hearing, meaning that the accused does not receive notice of the hearing and will not be present at the hearing. Temporary protection orders usually last 14 days and until the other party can be served and both parties can come to court.
Once the other party is served with the protection order, it is enforceable by the police. If the parties agree, the Temporary Protection Order can last longer than the 14 days. However, when you return to court, you should be ready to go to a hearing. The question at the hearing will be whether or not the protection order should become permanent.
Permanent: In order for a protection order to be made permanent, a party must convince a judge that doing so is necessary in order to avoid future danger. The attorneys at GEM Family Law have helped dozens of clients obtain and defend against permanent protection orders. Having someone on your side that understands the law will make your chances of success much higher.
ENFORCING CIVIL PROTECTION ORDERS
Typically, protection orders bar the restrained party from communicating with the protected party. It may prohibit the restrained party from going to or near certain addresses. Sometimes, the restrained party might even be prevented from owning firearms or communicating with other family members, including children.
Due to the limitations to a person’s mobility and freedoms a protection order may create, courts can be hesitant to approve of a permanent order. If a protection order is in place, the restrained party may suffer criminal repercussions, if they violate the terms of the protection order.
Our team understands that cases involving protection orders need immediate attention and reliable legal counsel. Our years of experience with issues involving allegations of domestic violence has prepared our attorneys to deal with the complexities of your protection order issue. With GEM Family Law, you can expect to receive personalized and professional assistance in these difficult matters.