Domestic violence is a sad reality in some family law cases. The court system responds quickly to these allegations and does a tremendously good job of getting victims into court within hours or days of an allegation made to a police officer or magistrate.
There are three types of protective orders to combat domestic violence:
- Emergency Protective Orders: 3-day protection orders, usually issued by the police officer called to the scene, or by the magistrate if the individual’s case is compelling;
- Preliminary Protective Orders: 2-week protection orders, typically while the parties await the court hearing to determine if the Order should be extended “permanently” or up to two years; and
- Permanent Protective Orders: Issued following a court hearing for a certain period of time, up to two years.
Once a permanent order is issued, a party may appeal the decision made by the court, if formally requested within 10 days. Violations of a permanent order may be reported at any time, leading to a follow up hearing. Amendments to a permanent order can be made with a motion to amend.
Protective orders are commonly known on TV as “restraining orders.” People will come into our law office, detailing abuse, and say, “I need a restraining order.” For the abused, protective orders provide enforceable distance from the batterer while the victim sorts their life out.
Our firm gladly assists clients that are victims of domestic abuse get the protection they need.
We also assist others that are falsely accused, which is a newer development in the protective order arena, that is, the fraudulent, offensive protective order filing.
For those who feel the accusations against them are baseless and without merit, the courts are getting better at standing up to clear and obvious abusers of the system.
Our firm provides diligent, prepared representation for the victims of domestic violence, or those falsely accused, and their respective families.
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