Protection Orders Can Provide Immediate Relief
It’s not uncommon for someone to come to our family law office in Lakeville having suffered from a history of spousal assault. In some cases, people have been abused for so many years, they have become conditioned to it and don’t even realize it’s wrong. Whether you are in need of protection or you are the party accused of domestic abuse, divorce attorney Todd Dwire offers a free initial consultation to discuss your case.
Orders for Protection
If you are in danger, we’ll take steps to immediately protect you through what’s called an order for protection. The process involves an application to a court on an ex parte basis (which means you can initiate the action without a court appearance). If you describe specific incidents that give rise to a fear of imminent physical harm, a judge will sign the ex parte protection order without a hearing.
The order for protection will provide immediate relief. It will bar your spouse from having any contact with you, or perhaps your children, until there is a hearing on your case, which will typically take place within seven days. Lawyer Todd Dwire will represent you at this hearing.
At the hearing, you have the burden of proving the domestic abuse allegations through evidence and witness testimony. The accused will have the ability to defend himself or herself thorough the admission of evidence and witness testimony. The judge will decide whether the order for protection should continue in effect.
Abuse of Protection Orders in Divorce
Protection orders carry significant power to have the other party removed from the home and dictate temporary custody of children. For this reason, this process can be unethically abused. Accordingly, judges can be skeptical about the legitimacy of spousal abuse allegations made on the cusp of a divorce.
If you are falsely accused of domestic abuse, it could affect not only your divorce and potential custody issues, but also your ability to keep your job, to coach your child’s team, and your right to possess or transport a firearm. You may be accused of a protection order violation just for going to your home, even if invited.
Attorney Todd Dwire will not facilitate the abuse of an order for protection. In the end, making false allegations only makes the court more cynical about spousal abuse allegations and may result in loss of protection to someone who legitimately needs it.