Orders For Protection
Preventing Further Abuse in a Domestic Relationship
When abuse occurs in a relationship, it may be tolerated for a very long time before the abused person finally seeks help. When this happens, he or she may need to file an order for protection to prevent the abuser from inflicting more harm. An order for protection will prevent the abuser from having any further contact with the abused until a hearing is held. If the order is granted after the hearing, the same protections continue. The abused can be removed from the residence and denied any contact with the abused and the children.
At Dwire Law Offices, P.A., we help people who have been abused file for orders for protection, and we defend people who have had these orders filed against them unnecessarily. Having experience on both sides of this issue helps us evaluate when orders are truly necessary and when they are being used as a tool in a contentious divorce.
Lawyer Handling Orders for Protection in Lakeville
An order for protection is not the same as a restraining order. A restraining order can be taken out against anyone, regardless of the relationship between them. However, an order for protection requires a domestic relationship between the parties. An order for protection also requires that the petitioner have a legitimate fear of imminent physical harm. This can include everything from threats to prior physical and sexual abuse.
An order for protection can result in the respondent losing his or her job as well as the ability to possess or carry a firearm. The consequences can be very severe, depending on the situation. While we advocate for those who suffer from abuse and want to protect them, both we and the courts can be very circumspect when it comes to filing these orders if there is any indication of fraud to gain the upper hand in a divorce.
If you need an order for protection, we will initiate the filing, which can be done without you having to go to court. If there is a hearing, we will represent you at the hearing and work to ensure that your order is granted.
If you have been accused of domestic violence and had an order for protection needlessly filed against you, we will defend against these allegations and protect your rights.