An order of protection which is commonly known as a restraining order, is a court order that states to one person what they cannot do to another person or what contact is allowed. Contact our team at Simonetti and Associates our Divorce lawyer in Wainscott will help you through this process.
More information about Order of Protection
A restraining order orders a person to stay away from another person. A restraining order is issued by a criminal or family court. A person requesting a restraining order can go to both courts. In a criminal court, if you were threatened or harmed by someone else. You can call the police or go to the police station.
In the court case, in addition to being properly charged, the judge may issue a restraining order. In this case, you do not need an attorney. You only appear as a witness. In family court, you have to have some form of family relationship with the person, be it marriage, blood relative, or you had kids with the person. Then you can file an offense petition in family court. When you make your allegation, you have to prove that the person committed the crime you are accusing them of.
During the court hearing, the court can issue a temporary restraining order even without proof or an official verdict. In a family court, you still have the right to an attorney, and if you don’t have one will be provided to you. As mentioned before, the court can issue a temporary restraining order while the case is in progress. But the order has an expiration date but can be renewed for the duration of the case. At the end of the case, the court can issue a permanent one-year or five restraining order.
Can an order of protection be changed?
A family court can not change the order of a criminal court. The court can allow visitation rights if there are children involved. Before the order expires, it can be extended for longer if there is a good reason.
How Our Divorce lawyer in Wainscott can help
Simonetti and Associates have years of experience with an order of protection. Besides restraining orders, the Divorce lawyer in Wainscott is also well versed in divorces, child custody, along other legal procedures. To learn more and to contact us visit our website.