Protection Orders Restraining Order Attorney
“It is important to have a professional who is prepared to navigate and litigate the protection order to avoid the often devastating consequences they may have on parental responsibilities matters.”
What are Protection Orders?
There are essentially two types of protection orders, or what used to be known as restraining orders.
Regardless of the type, they restrain a person from certain conduct, which most often includes a no contact order that prohibits him/her from having contact with another person. In criminal cases, they are issued by the Court either automatically by statute or upon request of the prosecutor to protect the victim and/or witnesses in a criminal matter. In civil cases, they are issued upon the request of an individual to prevent imminent danger of physical or emotional harm. In any case, the protection order is entered into a national database available to law enforcement and other organizations for purposes of enforcement. Violating a criminal protection order is a class 2 misdemeanor. Violating a civil protection order is a class 3 misdemeanor. Subsequent violations increase the classification.
Many divorce and parental responsibilities cases commence right after a domestic violence incident.
A criminal protection order, known as protections orders, civil and criminal, is automatically issued in any criminal matter involving domestic violence, which also requires automatic arrest instead of a summons. It prohibits the restrained party from having contact with a victim or witness, from possessing or using firearms, and from possessing or using alcohol or drugs. On occasions where children are present for domestic violence incidents, they can be included as victims of child abuse. However, a criminal court generally prefers to defer custody related issues to the domestic relations court, which is usually better equipped to handle such matters. The Mandatory Protection Order will remain in place until the criminal case has been resolved by plea bargain, dismissal, or trial and a sentence is completed. In any case, they make resolving family matters more complicated and more difficult.
Even if domestic violence is not reported, instead of the Mandatory Protection Order, a person may seek a civil protection order based upon the same and often outdated evidence. It is a pretty high conflict way in which to start any domestic relations case, but it is sometimes unavoidable. The most common reason a person may seek a civil protection is to remove another party from a shared residence.
“…the Court is more concerned with whether or not the acts that prompted the temporary civil protection are likely to continue.”
Every county has a different procedure for processing and hearing protection order matters. However, in general the petitioning party must first file a motion or complaint for a civil protection order, usually in person. Then the judicial officer on duty to hear such matters will conduct an ex parte hearing and will take testimony from the petitioner. If, after reviewing the motion and testimony, the Court finds that the protection order is necessary to prevent imminent danger of physical or emotional harm, the Court will issue a Temporary Protection Order. The restrained party must be personally served. By statute, and to avoid unjustified restraint on the restrained party, the Court must conduct a show cause hearing within 14 days, at which time the restrained party will have an opportunity to present evidence on his/her own behalf to defend the request for a Permanent Protection Order. At the show cause hearing, the Court will generally not consider whether or not there was sufficient evidence to justify the Temporary Protection Order. Instead, the Court is more concerned with whether or not the acts that prompted the temporary civil protection are likely to continue. If the Court issues a Permanent Protection Order, it can generally not be modified for at least two years.
Since Attorney Márquez practices family law and criminal defense, he has litigated numerous protection orders. In fact, he has developed a niche for navigating criminal cases and protection orders in tandem with family law cases. In general, it's best to avoid a Permanent Protection Order if possible, because they can have a negative impact on parenting issues, especially decision-making authority. As a result (as is crowded), a common way to resolve the temporary protection order is simply to continue it until the conclusion of the family law case. Often times the conflict that was present during the commencement of a case has subsided such that the parties agree to vacate the protection order at the conclusion of the family law matter. Regardless, it is important to have a professional who is prepared to navigate and litigate the protection order to avoid the often devastating consequences they may have on parental responsibilities matters.
Protection Orders Services
Attorney Márquez’s extensive experience in high conflict, complex financial, and high asset family law cases affords him the unique ability to help parties find detailed and often creative solutions to solve their cases. He is an empathetic and active listener, but more importantly, he is honest, practical and effective. Less time is spent on rehashing the conflict than on understanding the conflict to formulate options that lead to resolutions.
We look forward to assisting you find ways to resolve your complex cases efficiently and fairly.