Order of Protection - 760-237-0681

Vista Divorce Lawyer @ Vista Divorce Attorney Law Firm

Most temporary Orders of Protection say that the respondent must not assault, menace, or harass you, but you can ask for additional terms. Additionally, you can ask for:

You can ask for:

• Stay away: The court can order the respondent to stay away from you, your home, your job, your children, your children's school or any other place or person the court finds necessary.
• Refrain from certain acts: The court can order the respondent to stop abusing or threatening to abuse you or your children. The order can be specific, such as, ordering the respondent to stop calling you at work.
• Collect your belongings: If you do not want to return home, you can ask the court to allow you to enter your home with the police to collect your personal belongings at a certain date and time.
• Exclude the respondent from the home: If the respondent is dangerous to you or your children, you can ask the court to order the respondent out of the home ("excluded") while the order of protection is in effect. It does not matter that the home is not in your name.
• Temporary child support: The court can order temporary child support based on the needs of the child. You do not have to show how much money the respondent has or earns. Since the child support is only temporary, you will still have to file a separate petition for child support. You can do this on the 1st floor of the Family Court. The case will be heard by a Support Magistrate in about two or three months, but you can get support back to the date you filed the petition.
• Revoke or suspend firearms: The court can revoke or suspend respondent's license to carry firearms or order surrender of any or all firearms owned or possessed by respondent.
• Five year order: Most Family Court orders of protection are for two years. You can get a five year order of protection if there are "aggravating circumstances", or if the court finds there was a violation of an order of protection. Aggravating circumstances exist where there is physical injury, the respondent used a weapon or other dangerous instrument against you, there is a history of repeated violations of prior orders of protection, the respondent has been convicted of crimes committed against you in the past, there is exposure of any family or household member to physical injury, or other behaviors that pose a danger to you, your family or other household members.

Refrain-From and Stay-Away Orders of Protection in Vista In Vista, an Order of Protection will typically include one or both separate orders:

• Refrain-From Order: This Order prohibits the accused from engaging in certain behavior, such as threats, assault, harassment or violence toward the victim.
• Stay-Away Order: This Order prohibits the accused from coming within a certain distance of the victim as well as the victim’s residence and place of work. This may include provisions regarding staying away from children that the victim and the accused share.

What is the Difference Between a Temporary and Final Order of Protection A temporary order of protection is issued on the day you file for an order of protection before the respondent is served with the papers. It only lasts until the next time that you are in court. The court usually will extend the temporary order at each court date until the case is over. If a final order of protection is issued, this occurs at the end of the case after the Judge finds that a family offense was committed or the respondent agrees. A final order lasts for two or five years. A final order of protection can also include:

• Restitution: If the respondent damaged any of your property (e.g. car, windows, furniture), the court can order the respondent to pay damages ("restitution") up to $10,000. You will have to prove the value of what was damaged.
• Medical expenses: The court can order the respondent to pay for any medical expenses arising from the abuse.
• Participation in a Program: The court can order the respondent to participate in services, such as a batterer's education program, or make referrals for drug or alcohol counseling.

Need assistance?

Vista Divorce Attorney Law Firm have the experience and knowledge necessary to help you with your Order of Protection. Additionally, our commitment to our clients means that we will fight to the end, doing whatever we can to assist you with your legal situation in a way that is best for you and for your family.

Interested in seeking or contesting an Order of Protection? Contact a Vista divorce lawyer at Vista Divorce Attorney Law Firm today. Call us now for a free consultation at 760-237-0681!