Protection orders and family law cases often go hand in hand. Sometimes protection orders are very necessary to protect an individual from abuse or threats by his or her partner. Unfortunately, sometimes they are also used as weapons in domestic litigation to force one of the parties from the home or to gain an advantage in allocations of parental responsibilities (custody) regarding minor children.
A party can obtain a temporary protection order “ex parte”, on their own without the other party having to be notified. In order to obtain this, the party seeking the protection order has to file a complaint which a court has to find shows an imminent danger exists to the person seeking the protection order. A temporary protection order can be issued to prevent assaults or threatened bodily harm, to prevent domestic abuse, to prevent the emotional abuse of the elderly or an at risk adult, to present sexual assault or abuse, or to prevent stalking. The court then has to set a hearing before the protection order is made permanent. At the hearing, the court has to find by a preponderance of the evidence (more likely than not) that the respondent (restrained person) committed acts constituting grounds for issuance of a protection order and that unless restrained will continue to commit such acts or acts designed to intimidate or retaliate against the protected person.
A permanent protection order can have far reaching consequences to a person’s employment, ability to own firearms, and potentially military service. Further, a civil protection order can only address minor children for a limited amount of time so the either party can initiate a domestic case when the protection order issues to get further orders regarding the minor children which the protection order court is unable to do. Contact Rikeman Law to schedule a free hour long consultation to discuss your rights.
Rikeman Law requests that you do not bring the children that are the subject of a case to any consultations as this can be viewed negatively by the Court in future proceedings.