Protective Orders may be entered by the Court in cases in which someone has done something to put you in fear of imminent danger or harm, or where threatened or actual abuse has occurred. A protective Order is issued by the Court compelling the restrained person to stay away from and to not assault, hurt, threaten or communicate with the other person. The Order is often issued by a Judge for the protection of family members who allege domestic violence or threats of violence.
Any act of violence or threatened act of violence against an individual or their children under 18 or of any animal owned by either of the parties or by a child of either of the parties will qualify as grounds for entry of a protective Order. Some examples of behavior that may quality to obtain a protective Order include assaults, threats of assaults or harassing phone calls, threats of sexual abuse, threats of use of a weapon, threats by following or stalking, threats by damaging property or throwing things, physical assaults including slapping, punching, kicking, fighting, choking or otherwise causing physical harm, or forcing a person to stay in a house, room or location against their will.
If the Court finds that imminent danger exists, the Judge will issue a temporary protective Order which must be personally served. The matter will be set for a hearing regarding whether the temporary protective Order should be made permanent. A permanent protective orders hearing is set no more than 14 days after the temporary protective order is issued, which order must be personally served on the party to be restrained. If personal service has not been done, the Court may continue the matter.
At the Permanent Protective Orders hearing the Court Court must find that the restrained person has committed acts constituting grounds for the issuance of the order and that unless restrained, the person will continue to commit such acts or will intimidate or retaliate against the protected person.
A permanent Protective Order may have major consequences including a federal law against possessing firearms (except for police and military), which could risk security clearance; it may also have adverse effects upon other employment or potential employment and may preclude contact between the parties and joint decision-making for the minor children
It is important to understand the consequences of protective orders and that they be obtained for very legitimate reasons and concerns; it is important to understand the far reaching repercussions which often may be associated with protective orders.
Contact Gary Gottesfeld today to discuss obtaining a protective order or to defend against one. There is no charge for the initial consultation. Mr. Gottesfeld can be reached at 303-892-7000 or via email below to schedule an appointment.