When a person is involved in a volatile relationship, especially when it becomes apparent that the relationship is ending, unfortunately that person may be subjected to intimidation or violent acts by the other party. The law recognizes that people in situations such as these are often in much greater danger and have a much harder time distancing themselves from the situation than victims in non-domestic situations. Orders of protection are available to protect both children and adults who are victims or potential victims of abuse.
Adult Orders of Protection
If you are in an abusive relationship, have been the victim of domestic violence or you are in the process of divorcing or ending a relationship with someone you fear will be a violent person, then for your protection the first step you should consider is to request an order of protection from the courts. There are a number of benefits to obtaining an order of protection, but an immediate benefit is that it allows law enforcement officers to take more definitive actions toward a person violating an order of protection.
Types and Process
There are two different types of orders of protection. When a person first petitions for an order of protection, they may be granted an “ex parte” order of protection. These are sometimes called an emergency order of protection or a temporary order of protection, and they consist of an initial order issued by the court prior to the Defendant being notified of the petition or the opportunity for a hearing. Typically these are put in place until a hearing can be held for a full order of protection.
At the hearing both parties are given an opportunity to explain their stance on the order to the judge, who will usually either deny the petition (terminate the ex parte order) or issue a “Full” order of protection which does not necessarily have the same terms as the ex parte version.
False Allegations of Domestic Abuse
In a petition for protection, spouses or former partners in a highly contested child custody case or divorce may assert false allegations of child abuse or domestic violence in order to obtain an advantage in child custody or to obtain sole possession of the marital home. These false allegations could be substantially detrimental to your child custody or divorce case. If you are a victim of false allegations of domestic violence or child abuse, call us for an experienced attorney to defend you against these false allegations.
The St. Louis Domestic Violence and Protective Order Lawyer
If you have been a victim of domestic violence or feel you need a protective order, the Galmiche Law Firm can help. We can be reached at (636) 532-2300 or click here.