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Explore General Legal Issues

What You Should Know When An Order Of Protection Is Issued Towards You

by Ralph Griffin

When a person believes that their partner is a threat, they have a legal right to request an Order of Protection be taken against the individual. Often, the effects of such an order are taken from the perspective of the person who requests the order. There is less input about the accused. If you have been involved in a domestic dispute and have had an Order of Protection taken out against you, you must know what to expect.

Communication by Third-Party

It is a given that you cannot communicate with the individual who is accusing you of domestic assault. However, you need to understand that you also cannot communicate through a third party. For example, you cannot send a message to the person by way of a mutual friend or family member. In the eyes of the law, this type of communication is still considered a violation of the protection order and leaves you subject to the consequences of a violation. 

Parental Responsibilities

One topic that is not often discussed is that there will be a difference in how the parental responsibilities will be handled, particularly if you two lived together. In most instances, the children will stay with the parent who requested the order. In some instances, the accused is forbidden from communicating with the children, and in other instances, the court will appoint a third-party to arrange for supervised visits with the children.

Termination of Order

Just because an Order of Protection is awarded against you, that does not mean that it cannot be overturned, especially if it was an emergency order that was issued. If you have significant evidence that the allegations made against you are not valid, you can partner with an attorney who will present the evidence to have the order terminated. Just make sure you continue to follow the order until it is officially terminated. 

Make Sure You Are Protected

If you have had an Order of Protection taken out against you, it is important to contact an attorney. It is likely that this order is only the beginning of a windfall of domestic violence allegations and charges that could be coming your way. A domestic violence attorney will work to make sure you are protected during the timespan the order is active and work to ensure you are protected as the charges move forward or if the order can be terminated.

Do not belittle the importance of following this order. Your freedom and your reputation depend on it, so make sure you take it seriously. 

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