Restraining orders, also known as civil protection orders, can be issued by the Court.
The Court Issues Restraining Orders
The Court will issue a restraining order when a petitioner (also known as the requesting party) files a request with the Court along with an affidavit that list why a restraining order is being requested.
If, after a brief review of the allegations in the affidavit the Court believes that the petitioner needs the protection of the Court, the Court will enter a temporary protection order.
Permanent Protection Order Hearing
The next step is that the petitioner must prove these allegations at a Permanent Protection Order Hearing. It is at this hearing you need to have experienced and aggressive legal representation at your side.
Although protection orders issued by the court are often necessary to protect a requesting party, these requests for the court’s protection are very frequently abused.
It’s not uncommon for a petitioner to be untruthful in their affidavit in an attempt to get the temporary protection order granted.
Some of the common reasons there are abuses in the protection order requests include;
- A party wants to gain an advantage in a child custody dispute
- Someone wants to gain an advantage in a divorce
- To get a respondent party removed from a shared house
- Just to annoy and/or harass the responding party
These abuses in the system must be exposed at the hearing on whether a temporary protection order should be made permanent. Cancel
The Kohn Law Firm Can Help With Restraining Orders
Attorneys at The Kohn Law Firm have many years experience defending against untruthful claims at protection order hearings.
They will do everything possible to defend you from the allegations made and will fight for you to make certain your rights are defended.
Call now to schedule a free consultation to discuss your case.