Orders Of Protection
If you or a loved one is in physical danger from another person, an Order of Protection can provide legal protection from harm or abuse.
Orders of Protection
A person who has been a victim of domestic abuse and worries about its recurrence can go the courthouse and complete a Petition for an Order of Protection. The court reviews the allegations of abuse without the alleged perpetrator having an opportunity to respond. If the court finds the allegations credible and the risk of harm sufficiently high, the court will issue the Ex Parte Order of Protection, which gives immediate protection to the victim of abuse and may require the alleged perpetrator to vacate the residence and have no contact with the victim.
Ex Parte Orders and Full Orders of Protection are enforceable by the police. If the order is violated, the perpetrator can be arrested and held in jail if he or she violates the order. After an Ex Parte order is issued, the judge will set an in person hearing within ten days where the judge decides if a full order of protection should issue. A full order of protection may be in place for up to one year.
Parties to the Ex Parte order of protection should have representation during the process. Only an experienced attorney can protect the rights of a party in this situation. The outcome of the order of protection case may influence custody rights in a divorce or custody case.
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