When there is an emergency regarding family violence, a party can request that the Court sign a Family Violence Protective Order. Judges often call this initial request an Ex Parte Protective Order.
The purpose of this document is to protect the Applicant and/or family members from future domestic violence. Once granted, the Family Violence Protective Order will generally allow the police to arrest the Respondent if he/she violates the Protective Order.
In some circumstances, an Ex Parte Protective Order can Order the other spouse or Respondent to leave the home and remain away until a future hearing. In order to request this relief, the Applicant needs to execute an Affidavit and the Applicant must also be available to testify before the Court when the initial Ex Parte Protective Order is presented to the Court.
A Temporary Ex Parte Protective Order is generally only valid for 20 days. During that time a hearing is required to determine if a final Protective Order will be issued. At the hearing on an Application for a Protective Order, the Court must generally determine whether or not family violence has occurred and if it is likely to occur in the future.
After the hearing, the Court may issue a Final Protective Order that may contain injunctions against committing family violence and/or Orders relating to conservatorship, access, child support, distance restrictions, injunctions against communication, possession of a firearm, and use and possession of the property in a divorce matter. The Protective Order may also prohibit that person from communicating with anyone protected by the Order, going near the residence or place of employment or business of a protected person, and harassing or following him or her. The Protective Orders may also Order the Respondent to complete a Batterer’s Intervention and Prevention program or prohibit a party from removing a pet or assistance animal.
The Protective Order is a powerful tool and should never be taken lightly. Contact us at Anderson Legal Group, P.C. to schedule a free consultation with your divorce and family law attorneys so that we can assist you with Protective Order.