A person who alleges spousal abuse, spousal assault or even child abuse can seek a civil protection order.
If granted, a temporary protection order is issued for 14 days until a hearing is held. At that hearing, a judge will determine whether to extend the protection order for another 90 days.
A civil protection order (sometimes called a restraining order) is usually done very quickly. Once an initial application is filed, a 14-day protection order can be issued by a judge within one day. Due to this quick scheduling, there is very little time to develop a case. That is why it is crucial a person obtain an attorney as soon as possible in the process, whether he or she is a victim or alleged perpetrator. In some cases, an order can be delayed in order to allow for more preparation time.
In some child custody cases, disputes can get so heated that one party will make false allegations of domestic violence. Regardless of whether an order is granted or not, these are serious allegations that should not be taken lightly. There may be consequences to a divorce or child custody case if civil protection orders are sought.
If a civil protection order is issued, and a person violates this order, he or she can be criminally charged. I also provide criminal defense representation for those facing criminal domestic violence charges.
