Orders of Protection
An order of protection is a type of order that you obtain in family court. It is a legal order that protects you from the person who abused you. A restraining order is a type of order of protection.
An order of protection can help you in many ways. It will legally keep the abuser away from you, your children, your family members, home and workplace. The abuser will not be able to contact you in any way—even through third party contact. If you did not have custody of any children before, the order will give you temporary custody as well as child support. The abuser will also be ordered to pay your legal fees. He or she may also be forced to take classes and anything else that is necessary for your safety and protection.
To obtain an order of protection, you must prove that the person committed an offense against you, such as harassment, stalking, assault, sexual misconduct, sexual abuse, identity theft, strangulation, grand larceny, criminal mischief or coercion.
There are two types of protection: temporary ex parte and final. After you apply for an order of protection, the judge might issue a temporary order right away until you have your full court hearing. During the temporary order, the judge can order to take away the other person’s guns, if he or she has any. The temporary order can be extended multiple times until the judge hears the other person’s side of the case and determines whether to not to issue a final order.
Final orders of protection typically last for two years, but in some cases, they may last five years. This depends on aggravating circumstances such as weapon use, serious physical injury, prior convictions for crimes against you and evidence that the person is a danger to you.
Contact a Montgomery County Domestic Violence Lawyer Today
You should not have to live in fear of abuse from a loved one. If your spouse, partner or any other family member has been threatening you or causing physical or emotional abuse, it’s time to take action. Without an order of protection or some other type of legal action, you could end up seriously injured.
The knowledgeable Montgomery County domestic violence lawyers at The Colwell Law Group can assess your situation and help you understand your options. To learn more about domestic violence, call The Colwell Law Group at (518) 512-0544 or contact us online to schedule a consultation today.