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(CityRegions.Com, February 22, 2018 ) An Order of Protection is a legal document issued by a court and signed by a judge to help protect you from abuse or harassment from another person. An Order of Protection will allow a judge to set limits on your partner's behavior. This can include ordering your partner to stop abusing you and / or your children, requiring your partner to stay away from you and your family’s home and workplace. Direct your partner to not have any contact with you – this can include phone calls, letters, emails or text messages from that person or through other individuals. Order your partner to stay away from the children, their babysitter including day care or school. A judge can also decide on issues related to custody, visitation and child support, etc.
There are many things to consider in deciding if an Order of Protection is beneficial to you, you may want to consult an advocate or attorney to assist you or accompany you to court.
HOW CAN AN ORDER OF PROTECTION HELP YOU?
Although an Order of Protection cannot guarantee your safety - police are more likely to take your calls more seriously if you have an order in place. If you partner violates an order then your partner can be arrested. In the event that you have left your home, an order can make it easier for you to get the police to assist you with getting your personal belongings. If you are being stalked or harassed at your workplace, an order can protect you while at work. In addition, an order of protection can establish who has custody of your minor children.
WHO CAN GET AN ORDER OF PROTECTION?
Anyone 17 years of age or older that has been abused by a spouse or former spouse, an adult you live with or lived with in the past, any adult that you have been in a relationship with, or from someone stalking you.
EX PARTE ORDER OF PROTECTION
An Ex Parte Order of Protection is a temporary order granted by a judge when they believe there is an immediate or present danger of abuse. You can file or petition for at the courthouse in the county where you live, where you were abused and / or threatened, or where the person against whom you are seeking protection lives. If a judge does not feel that there is immediate or present danger, you will be given a “Notice of Hearing”. This notice will be served to the respondent informing him or her that a hearing will be held to determine if an order of protection should be ordered. Until this hearing occurs, there are no conditions or restrictions placed on the respondent.
FULL ORDER OF PROTECTION
An order is scheduled to occur within 15 days of an Ex Parte Order of Protection being granted. Your partner may also be present at this hearing and will be able to present their testimony to the judge. If you want the order you must appear at this hearing. If you are absent, the judge will dismiss your order. If the respondent fails to appear in court, you will automatically be granted the order.
If you have been served with an order of protection or have been charged with the violation of the same, then you need knowledgeable and experienced orders of protection attorney to provide you with representation throughout the process. The Law Offices of Daniel M Walsh Ltd. can help you.
WHAT DO I NEED TO BRING WITH ME?
It is helpful to bring the following information with you when applying for an order; name and a photograph (if you have one) of the person who abused you, he address or addresses where the abuser can be found, a description and license plate number of the abuser's car (if known), a list of your children's full names and ages. In addition, it may be helpful to have as much evidence as you can to convince the judge that the abuse occurred. This will include; your statement as to the what occurred, any hospital or doctor reports, photos, police reports, statements from family members, neighbors, or others who saw the incident, etc. The more evidence you have, the more likely the judge will believe you and grant you the order you are seeking.
If you feel threatened or need immediate assistance, dial 911.
Contact the Law Offices of Daniel M Walsh Ltd. for help and guidance.
The Law Offices of Daniel M, Walsh, Ltd.