Protective order hearings are a devastating hybrid between family law and criminal law. Your parental rights can be restricted as in a child custody dispute, and you can be jailed for violation of the protective order as in a criminal case.
Our unfortunate experience with many Applications for Protective Order is that they are too often used as leverage or in retaliation for relationship problems between the parties. Heated words are exchanged, one party storms out of the room and another tries to put an arm out to keep the person in the room to finish the conversation, and this becomes the basis for family violence. Even in situations where verbal fights escalate into an absolutely inappropriate slap or push, the crux of the determination for whether or not a protective order is whether family violence is likely to occur in the future. This prong is often overlooked, and many of our successful hearings result from conceding that although something happened in an isolated incident, it is not likely to ever happen again.
If you agree to enter into a protective order there are implications similar to a criminal conviction: not only does it go on your record, but the local law enforcement agencies are notified. Depending upon the terms of the protective order, bumping into the protected party at the grocery store may trigger a telephone call to the police and your re-arrest. While protective orders are necessary in some cases where the parties simply cannot and should not be anywhere near one another, many people often reunite and wrongfully believe that the protective order no longer limits their behavior.
The timeframe between receiving the application for protective order and the hearing is very quick; the statute itself frowns upon continuances. It is imperative to retain counsel within days after receiving the notice as the process of securing witnesses, investigation, and obtaining records takes time.
Note: There are some people who have a personality which may best be described as controlling, domineering, or incredibly disrespectful towards women. We believe our time and efforts are best served not working with these clients.