How Do I Know When to Get a Protection Order?
You should get a protection order if you feel like you’re physical or emotional safety is at risk. A protection order is a very powerful tool that can be utilized when they are instances of domestic abuse, physical threat, physical violence, stalking, abuse of the elderly.
You can get a protection order by going down to the courthouse in the county where you reside and filling out a motion or complaint that has to be signed by you, under Oath, setting forth the allegations that you contend support issuing a protection order.
In many counties, they will have a court person who can help assist you through that process however, obtaining a protection order does require personal service upon the other party and also an evidentiary hearing regarding whether or not that protection order should be made permanent. That’s were I can step in to help you.
I can help you complete the application, the motion, for the protection order, the incident checklist and talk about what’s going on and the evidence you’ll need to present to the court in order to have a temporary protection order issued and ultimately to have that protection order made permanent, if that’s what you ultimately decide to do.
Sometimes there’re instances where you are fearful for your safety, for the safety of the children and also you can put in a protection order the family pets. Sometimes there’s a situation where a party is abusive. They’re physically harming you. They’re yelling and screaming in front of the children. They’re abusive towards the family dog and none of you are safe, so you need to get the court to step in.
As a result of a protection order, that person will be ordered to leave the residence. They can come back one time, easily, for a civil assist to get personal items being accompanied by a sheriff, but that removes that individual from the home, so that you can be safe and the children as well. A protection order is something that I do not take lightly, but if it is a situation where your physical or emotional health and well-being and that of the children is at danger then we can certainly go and get a protection order.
It is something that I can go and do for you typically in a day. In other words, if you came into see me in the morning, I can get the information prepared and ready to go. I can contact the court clerk, find out the duty judge is and the best time to go down there. We can go down to the courthouse and we can get a temporary protection order issued. Then we will need to have that protection order served on the other party. We can engaged either the sheriff or a private processor to do so, and that person can be forcibly removed from the home in order to ensure your safety.
Then there will need to be an evidentiary hearing regarding whether or not that protection order needs to be made permanent. That hearing is usually set a couple of weeks out, at which point you will need to present your evidences as to why that protection order should be made permanent. I can help in terms of facilitating who you’re going to have testify, the exhibits that you’re going to use, subpoenaing any witnesses that you might have, for example, maybe there’s a police officer who has been involved. I can help you with that.
A protection order is something shouldn’t be taken lightly, but it is an invaluable tool if you are physically, or emotionally, in danger.
Call to schedule a consultation today: 303-329-3802.