An Order of Protection is an important legal tool to protect victims of domestic violence. However, it can have severe consequences for the accused. If you have an Order of Protection hearing, then you need legal representation. Here are some answers to commonly asked questions. However, this is not legal advice for your particular situation. For legal advice, call us to schedule a consultation so that we can review your case and make sure you’re protected!
What is an Order of Protection?
An Order of Protection is a court order that prohibits contact between a victim of domestic violence (the petitioner) and their alleged abuser (the respondent). The petitioner is eligible for an Order of Protection if the respondent is a family or household member, and if the petitioner can state facts to show that the respondent is a credible threat to their (or their child’s) physical safety.
How do I get an Order of Protection?
Go to your local courthouse or prosecutor’s office. They will help you fill out an affidavit to determine whether you meet the criteria for an Order of Protection. The petition and affidavit will be sent to a judge to decide whether to sign a temporary Order of Protection. You should be specific about your allegations with dates, times, and details, and be able to back up your allegations in court with evidence if possible.
What happens after a temporary Order of Protection is issued?
First, a hearing will be set, and then the paperwork will be served on the respondent. At the hearing, the judge will listen to all off the evidence and decide whether to grant a final order of protection, which could last anywhere from 90 days to 10 years.
What do I do if I am served with an Order of Protection?
If you are served with an Order of Protection, it is imperative that you seek legal counsel as soon as possible before your hearing. Orders of Protection can have negative consequences on any pending or future litigation in family court, your right to own firearms, and can even impact your job or housing.
Are Orders of Protection permanent?
Not necessarily. Orders of Protection can be modified, such as to allow for visitation with children. However, any modification will be at the judge’s discretion if they believe that it is in the best interests of the child.
What are the consequences of a violation?
A violation of an Order of Protection is a Class A misdemeanor with a maximum penalty of one-year imprisonment and a fine of up to $1,000 or both. A second violation within five years is a Class D felony. If you are the petitioner and you are contacted by the respondent, then you should report the violation to law enforcement by filing a police report. If you are a respondent and you are contacted by the petitioner, then do not respond unless or until the Order of Protection is dismissed.
What can I do to prepare for court?
First, talk to an attorney as soon as possible. You should be prepared to show your attorney evidence such as text messages, pictures, social media posts, etc. You should also have a list of possible witnesses for your attorney to interview. Give your attorney as much information as possible to work with.