What Actually Happens If A Protective Order Is Violated?
There are different things. For instance what is the level of the violation? If the level of the violation is that person comes around the protective individual so is causing trouble or tries to put his hands on the individual then that person is going to jail. Law enforcement will be called, they will work with it and they will take corrective action and putative actions quite possible. But if it is something where the person is contacted in a harassing way by her soon to be former husband or a soon to be former wife is calling over and over throughout the morning hours, then that is a type of harassment. That person maybe brought into the court to explain to the judge why they are doing this and the judge may incarcerate that person at that point, but they would have seen the judge prior to the incarceration. We look at the level of the offending conduct.
Can Protective Orders Ever Be Modified Or Dismissed?
They can always be changed upon proper petition during the time frame where the order is active. If it is a two year protective order we can go back in and say these are the corrective actions taken. Our client has been in counselling. He has done well, he has access to his child and we are now asking that it be released at this point that you say we are done, or we offer go to court when one party is left in the home and the other party cannot come to the home and the protective person suddenly moves. Well, then you have the home with nobody taking care of it, you do not want that to get out because it will open up the possibility to burglars or things like that.
If it is the clients separate property, we go and make changes and we get our client back in to the home or get the other person in to a position where they are able to occupy the home. As far as dismissal, we can call it quits and say it is over, it has run the course, but when we look at dismissed we are generally thinking that the judge will listen to the evidence and say it did not happen. That can occur at that first real hearing not the hearing with just the lawyer and the judge, but after the hearing of the parties the judge could always find that there is not sufficient evidence to any one of the criteria’s, either a relationship what was involved or the duration. They say I am not going to find it to be true and it is not going to happen again.
Can Judges Impose A Protective Order Without Anybody Requesting It?
I have seen judges craft orders similar to a protective order where they may even call it a protective order to keep people apart. Generally judges are very cautious about that, because it is a great deal of power without a lot of review and oversight that they do not really want to go down that path. If they want to keep people apart they will fashion orders in a different way. There are people that sometimes just simply think to themselves well I do not need to go to jail to simply make it stop. But hopefully, that just stays in our head and never gets acted upon.
What Sets Your Firm Apart In Handling Protective Orders?
There is a lot that sets us apart. I have done prosecution, defense, and domestic, domestic law in fact. I am board certified in criminal and family law. In that intersection I see it all the time between the criminal world and the family and the domestic law world. We are well aware of all the rules that need to be taken into account in how to navigate those rules. On the other side, I am still a litigator. I am looking at how to maximize our potential. Because our ultimate drive to the respondent is to have this simply not act upon. To terminate the ex parte protective order. To never get to the final hearing on a protective order because of the lifelong effects.
From the moment we agree that we are capable of dedicating the time and attention needed to protective, that is what we do. We have all the evidence. We do the background work, we make sure we talk to witnesses and we get witnesses to court to show this never existed. If we are the petitioner and the person asking for the protective order, then we do the same thing. We have to do a lot of background work, we have to interview a lot of people to see not only if he committed acts of domestic violence, but is he likely to do so again; we know by looking at past conduct. It is time intensive and yet we have a great deal of experience to bring all these things to the court room at the exact same moment. That is what sets us apart.
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