Protective orders are the most stringent orders a family court can issue. Specifically, once issued, if the Respondent shows up at your door, all you have to do is call the police and he or she will be arrested on the spot.
When Is A Protective Order Available
A protective order is available when family violence has occurred and is likely to occur in the future. A protective order is also available to parties in a dating relationship. The victim must swear out a detailed affidavit giving the Court the exact facts and circumstances surrounding the family violence that has occurred and showing the Court why it is likely to occur in the future if the Court does not act.
If the parties are residing together and the violence has occurred in the last thirty (30) days, and the victim comes to Court to give verbal testimony, the Court can Order that the Respondent be kicked out of the residence without a hearing. A kick-out order is only issued in the very worst circumstances.
What Happens When A Protective Order Is Issued
Once issued, the Respondent is Ordered to stay 500 feet from the victim’s home, work, the children’s school, daycare, and any other addresses that the victim frequents. The Order is filed with the Sheriff’s Department for quick access in case of a violation. As a precaution, we normally send the Order to the school as well.
Can The Victim Give The Respondent Permission To Disregard The Protective Order?
The victim cannot give the Respondent permission to disregard the protective order. The District Attorney’s Office will refer the case to Child Protective Services for removal of the children for the victim failing to protect them. The Court will take a very dim view of a parent reconciling with the perpetrator of family violence. The Court would prefer to place the children with a third party rather than allow the children to remain in a violent environment.
Contact Family Lawyer Rita Boyd
Whatever the particular aspects of your case are, it is my hope that you will call me. Call me right now at 972-380-8000, and make an appointment to come in and discuss your challenges. Together we can! You can also email me.