Suppose you or your children are victims of physical abuse, sexual harassment, violence, stalking, or other criminal acts. In that case, you have the right to file for an Order of Protection in a family court. When the accused person violates this court order, they are likely to be arrested or incarcerated if the situation demands it.
Irrespective of your relationship with the accused, you have the right to seek this protection. If you’re confused or uncertain, a legal professional might be able to help make things clear and outline possible actions to take.
Most times, the accused person is often a partner, an ex, or perhaps a relation by blood. Whatever be the case, rest assured that you’re entitled to this action. You can even seek this order in a Supreme Court, provided a separation or divorce action in that court. Here are some of the processes you should consider to get an order of protection.
- Talk To A Victim Advocate
Talking to a victim advocate should be the first step, and this professional is licensed to help you decide if an Order of Protection is the right call or not. After analyzing the details, a victim advocate can determine what to do next.
Order of protection is not necessarily when an ex or any relation threatens you. If you suspect someone is stalking you or has intentions that could harm you, you have the right to seek an order of protection.
- File A Petition
Note that filing for a petition for an Order of Protection comes with no cost. But to proceed, you will have to sign an affidavit stating in detail what your abuser has done to you. You will need to sign this document in front of a notary or judge. If the court should run some investigation and discover you’re in imminent danger, they will first place you on a temporary order of protection.
After that, a hearing will be set in which you must attend if you want to order of protection to stay in place. At the hearing, getting an order of protection lies on the judge and the evidence on the ground. In case you’re wondering, an Order of Protection can elapse in a few days, months, years, or even permanent.
- Report Unsolicited Contact With Accused
If you were granted an Order of Protection and the accused exhibit some suspicious signs that could mean danger, do not hesitate to report to the appropriate authorities. When the accused violates the terms of the Order of Protection, it can lead to an immediate arrest or incarceration.
When it comes to Order of Protection, you don’t even need an attorney, but having one can be an added advantage. Talking to an attorney before your hearing will help you prepare, which may help your hearing.
Conclusion
If you think you or your children or relations are in danger because of an abuser, do not waver to file a petition for an order of protection. If you can prove that this said person is a danger to society, it might even lead to a jail sentence. Never stay mute when your life is in danger!
Contact Lamb, Carroll, Papp and Cunabaugh, P.C., Attorneys at Law today for legal help.