An order of protection is court-issued. They can be granted without the involvement of an attorney, although self representation is rarely a good idea.
Victims of assault, domestic violence, and stalking may file for orders of protection against another person. If granted ex parte, the person against whom it is issued may not have any contact whatsoever prior to a hearing.
A General Overview
Should anyone disobey the order or protection, they could face up to a year in jail (county) and/or be fined $1000.
Adults can obtain legal counsel and file for a protective order for themselves or their children. And for your peace of mind, these orders get sent to your local law enforcement officers as well. Local law enforcement will arrest anyone violating a no contact order.
How To Obtain One
Likely the easiest and most efficient way is to hire an attorney. To help you better understand the process, the first step is to file a petition. This can happen when the abuse occurs, where the person served lives, or where you live.
After obtaining the form, you must fill it out accurately. If you feel unsafe, you don’t want to extend the process by improperly completing the form. You will be filing as the “petitioner” and the person who will ultimately receive the order is the “respondent.”
A judge can review your petition and grant an ex parte order if you are in imminent danger. Ex Parte means your testimony can be considered without the other person present or having been notified of the hearing.
Regardless of whether an ex parte order was granted, the next step is to notify the respondent. They will learn of the ex parte order (if applicable) and the date of the hearing. They will have an opportunity to give testimony or speak on their behalf.
Ultimately, the judge will hear testimony and consider any evidence to decide whether a final protective order should be issued.
If you have any further questions about orders of protection—or need to file for one—contact OMG Law to schedule your consultation. You take the safety of you and your family seriously, and we do as well. Allow us to ensure you receive the best representation when you need it the most.