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How can someone fight a domestic protection order?

On Behalf of | Mar 5, 2020 | Protection Orders And Domestic Violence

Domestic protection orders serve an important purpose. When one person in a relationship is worried about his or her safety, they’re really necessary. But these orders often require people to change their lifestyles to make sure the order is respected. When a motion like this results in a change to residence or child custody, a person may feel the need to dispute it.

How does a person get a domestic protection order?

A person must show a reasonable expectation of violence or abuse, generally based on past behavior. The applicant must fill out the appropriate forms and submit them to the county clerk in the county that the person resides. These forms are also available online and may be submitted online for convenience.

How does the subject of a protection order get notified?

A person whose behavior or movement is restricted by a protection order must have been notified of the order’s approval for it to be considered in force. The sheriff’s office in a county where the order exists is responsible for delivering a copy to the person.

What if the subject of the order wants to dispute it?

The restrained person may request a hearing regarding the order from the approving judge in writing. Both parties must be present at the resultant hearing or the judge may dismiss the order.

How can people get help with restraining orders or protection orders?

Anyone dealing with a domestic protection order can seek legal representation. A lawyer can help make the case for an order to be upheld or dismissed for the sake of adults and their children.