Protection Orders are a specific and unique area of the law that permits a person to request that a court protect them from another person. The person seeking protection is referred to as the Petitioner, and the person the petition is filed against is the Respondent.
Depending on the relationship between the Petitioner and Respondent, a domestic violence protection order or civil stalking protection order can be sought. No matter what side of the case you’re on, at AJLJ, we help guide our clients through this often confusing process and ensure that their rights are protected in court.
Let us navigate the system as your advocate and get you through this difficult time with the best outcome.
DVCPO cases apply in situations involving domestic violence, menacing by stalking, aggravated trespass, child abuse, or sexually-oriented offense committed by an adult or juvenile and involves a family household member.
A family or household member can include:
CSPOs are for matters involving menacing by stalking or victims of a sexually oriented offense. Unlike DVCPOs, there is no specific relationship needed to seek relief.
Menacing by stalking is defined as a pattern of conduct of two or more actions or incidents closely related in time that knowingly caused or would cause the petitioner physical harm or mental distress. Examples often include neighbor disputes, threats on social media or through text messages. As with any protection order matter, the petitioner has the burden of proof.
Possible protections granted in both domestic violence protection order and civil stalking protection order cases include:
After filing a petition for a CPO, an Ex Parte hearing will be conducted the same day to determine if emergency protection is needed. At that hearing, only the judge or magistrate, the petitioner, and the petitioner’s attorney will be present for the hearing. If the court determines that there is an immediate need for protection, a temporary or Ex Parte order will be in place until the case can be resolved.
Ex Parte orders can have immediate consequences for the respondent. As such, full protection order hearings are scheduled very quickly. Obtaining an attorney who has experience in these matters and can prepare for trial with short notice is vital.
During the hearing, the presiding judge may recommend some emergency measures if the evidence provided shows there is an immediate present danger. The court will then schedule a full hearing within seven and ten days, after which the judge may award a full CPO.
Once issued, a CPO can last up to five years, depending on the facts of the case.
If you’ve been charged in a criminal case, contact AJLJ today. Our lawyers will discuss your needs the same day you call.
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