| Before we begin, I need to present a quick legal | | | | or if you are coming to court after the entry of an |
| disclaimer. I am a Maryland family attorney, Virginia | | | | interim protective order, then you will appear before |
| family attorney, and DC family attorney. Therefore, | | | | a judge for issuance of a temporary protective |
| the information contained in this article is geared | | | | order. The purpose of this hearing is to determine |
| towards those jurisdictions. If you need help with a | | | | whether there is enough of a reason for the judge |
| domestic violence case in any other state, I highly | | | | to issue a temporary order and set the case for a |
| recommend seeing an attorney licensed to practice in | | | | final protective order hearing. In most cases, the |
| that jurisdiction. It is also important to note that this | | | | alleged abuser will not be present at the temporary |
| article is for informational purposes only, and is not | | | | protective order hearing, and the temporary order is |
| intended to be used as legal advice. | | | | only in effect until the final hearing takes place. After |
| Now that we have the formalities out of the way, | | | | the temporary protective order hearing, the sheriff |
| let's talk about domestic violence and, more | | | | or other authorized officer will serve the alleged |
| specifically, about the protective order process. First, | | | | abuser with the order and the notice to appear for |
| without domestic violence, there isn't a protective | | | | the final hearing. Usually the final hearing takes place |
| order. So what is domestic violence? Basically, it is an | | | | within one to two weeks after the temporary |
| act of violence committed against a person eligible | | | | hearing. |
| for relief, which either physically harms the person or | | | | Next comes the final protective order hearing. This is |
| places them in reasonable fear of imminent bodily | | | | the time when you get to present to the judge all of |
| harm. Other acts that may entitle the victim to relief | | | | the reasons why you need protection from the |
| are those that constitute assault, false imprisonment, | | | | person who abused you. Or it is the time when you |
| or stalking. The definitions of a person eligible for | | | | get to present all the reasons why you didn't abuse |
| relief and domestic violence will vary depending on | | | | the person who is making the allegations against you. |
| your location. Consequently, it is important to consult | | | | Either way, depending on the evidence presented |
| a family law attorney if you are considering | | | | and the standard of proof, the judge will either grant |
| petitioning the court for an order of protection or | | | | an order of protection or dismiss the petition. If the |
| you have been served with paperwork alleging you | | | | judge grants an order of protection, there are many |
| have committed family abuse. | | | | different provisions that can be included in the final |
| Once the act (or acts) is committed, the victim must | | | | protective order. In addition to no contact provisions, |
| turn to the court for help with obtaining a protective | | | | the judge may be able to order the abuser to get |
| order. Of course, if someone is abusing you, the first | | | | treatment for anger management, alcohol, or drugs, |
| thing you really want to do is call the police, but the | | | | surrender firearms, not go within a certain distance of |
| court is the next step. The course of action will | | | | specific addresses, and other things. If the parties |
| depend on whether you make contact with the | | | | have minor children together, the judge may issue a |
| court during normal business hours or outside of the | | | | temporary custody and visitation schedule or also |
| court's normal hours. | | | | issue an order protecting the children. If the judge |
| If you are filing a petition for an order of protection, | | | | dismisses the petition, the case is over, subject to |
| and it is the weekend or the middle of the night or | | | | the different rules pertaining to appeals. |
| otherwise during a time when the court is not open, | | | | So there you have it - the protective order process |
| you will appear before a commissioner or other third | | | | in a nutshell. One myth about protective orders is |
| party authorized by law, who has the authority to | | | | that they are in effect forever. That just isn't the |
| issue an interim protective order. The interim | | | | case. There is a limited time period for which the |
| protective order will offer protection for a very | | | | protective order can be in effect. But these and |
| limited period of time, usually only until the court | | | | other questions about the intricacies and nuances of |
| opens and you are able to appear before a judge. | | | | the petition, process, and orders are better to be |
| If you are filing your petition while the court is open, | | | | answered by your family law attorney. |