I have dealt with many cases of family law where an order of protection is filed. In cases of divorce and other types of family disputes, one or both parties involved can file for an order of protection. Orders for protection are issued with the purpose of protecting people from domestic or family violence, stalking, or a sex offense. There are two kinds of Orders for Protection and as your family law attorney, I can help you with both:
- Ex-parte Orders for Protection are sometimes referred to as temporary orders and are issued without a hearing. A person filing an Ex-parte order for protection does so alone, without the knowledge of the “abuser.” To receive an Ex-parte order for protection from court, you must prove that you, a family or household member, or your personal property are in immediate danger from the abuser.
- Orders for Protection (as opposed to Ex-parte orders for protection) are only issued after a court hearing where you and the abuser received a chance at telling your sides of the story. Orders for Protection normally last for 2 years, unless a judge determines a different amount of time.
A spouse or other similarly situated person can file for an Order of Protection or Ex-parte Order for Protection against family or household members that have committed violent acts against you or your children. The following types of people are considered family or household members in Indiana:
- Current or former spouse.
- Someone you are currently dating or had dated in the past.
- A person who is currently or previously engaged in a sexual relationship with you.
- A person who is related to you by blood or adoption.
- A person who is related to you by marriage.
- A guardian, custodian, foster parent, or any person who has an established legal relationship (past or present) with you.
Whether you wish to file for an order of protection or you are defending an order of protection, I provide you with skilled and experienced family law representation. An order of protection is serious, and a vindictive petiole can use an order against the respondent. True victims, however, need this order for their safety. An order of protection is not a matter to take lightly. Contact Evansville order of protection attorney, Jay Ziemer, today.
