Orders for Protection
An Order for Protection is an order signed by a judge prohibiting contact between people who are in a domestic relationship. Generally it is ordered for victims of abuse to keep their abusers away. It is an effective tool in the fight against domestic assault and violence. Unfortunately, it can also tear apart families and can be abused by angry parties.
If you have been served with an Order for Protection, you have a right to fight it and represent yourself in a hearing. This is called Due Process. The Court can’t just make a blanket order lasting for a year without giving you the chance to be heard. Once a petitioner (the person who wants the order) submits their petition, the court will grant an ex parte order that is temporary. It is in effect until the hearing date. You will be served a copy of this temporary order. If you do not respond at all, the Court will generally make the order temporary. However, if you want to ask the Court to modify the order, or not to grant it at all, then you must respond by appearing at the hearing.
Sometimes Orders for Protection are granted after an incident of alleged domestic assault. If you have been charged with domestic assault and have received a copy of a temporary Order for Protection, call Catherine right away. Representing yourself in a hearing may have consequences in your criminal matter. Anything you say in an Order for Protection hearing can be used against you in your criminal case. Catherine can help you protect yourself, and advocate for you in the hearing.
Whether you are seeking to get an Order for Protection against an abuser, or you’ve been served with an Order for Protection keeping you away from home or someone else, Catherine can help you.
Harassment Restraining Orders
A Harassment Restraining Order is an order signed by a judge prohibiting contact between people who are not necessarily in a domestic relationship. Generally it is ordered to keep one party from harassing another. Just like Orders for Protection, these orders also allow for Due Process, meaning a temporary order won’t become permanent until both parties have had a chance to be heard by the court.
If you have been served with or seeking a temporary Harassment Restraining Order, call Catherine today. She can explain your rights and the process of petitioning or responding to this order.