Temporary Protection Orders and Restraining Orders
Smith & Smith Attorneys at Law
Under the Prevention of Family Violence Act, the Court may issue an ex parte protective order which is generally temporary (may be permanent) that is effective throughout state and is the duty of every superior court and law enforcement officers to enforce. Generally, such an order comes about because of the commission of some domestic violence; such as, assault, stalking, unlawful restraint, terroristic threats, criminal trespass or criminal damage to property. The order can be mutual or refer to only one party. The party who is restrained must leave the marital residence with the assistance of law enforcement and will be restricted from contacting or coming near the victim. The court may or may not fashion the order to permit visitation with minor children. The court may order psychiatric treatment or counseling for the offending party. The court may also order financial support for the spouse, temporary custody of minor child and/or child support on a temporary basis until the case is heard in court.
Since the order is ex parte, meaning that the offender is not present, a hearing must be held within 10 days or as soon as practical giving the offender an opportunity to respond.
A restraining order is generally mutual and restrains the party or parties from certain acts. A restraining order is not as draconian as a temporary protective order. Generally, a restraining order limits contact between the parties and limits their access to the person and property of the other.
Smith & Smith Attorneys at Law are experts in obtaining temporary protection orders and restraining orders. Our attorneys have over twenty years of experience both in and out of the courtroom setting.