What is an Order of Protection in Family Law? 

If you are concerned about your safety and that of your children, you may need to apply for an order of protection. These orders are temporary measures imposed by a court. They can be revoked or extended depending on the situation. It is important to understand the process and the costs involved.

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A temporary order of protection 

If you are concerned that your partner is abusing you or your children, you can request a temporary order of protection. This order is issued by a court, and you cannot live with the respondent unless the order states otherwise. You will have to make alternate arrangements to care for your children. 

Depending on the circumstances, a temporary order of protection may last from one court date to the next. However, this order may be extended as needed to avoid conflict. The court may also issue a “final” order of protection if the abuser violates the terms of the temporary order. 

If a temporary order of protection is granted, the court will consider several factors, including whether the abuser has violated any previous orders of protection. These factors include previous or present injuries, access to guns, and drug abuse. 

Violation of order of protection 

A violation of an order of protection is a serious matter that can result in criminal charges. If you believe that you are being abused or neglected by your partner, you may want to seek legal action to protect yourself. To initiate the process, you must file a petition for an order of protection with the court. The court can issue an order that requires the offending party to stay away from you, pay temporary child support, and award temporary custody of your children. 

The court will ask you to provide details about the events that have led to the order. Be sure to speak clearly and organize your thoughts. If you’ve suffered a physical or emotional injury, you should also mention it. The judge will also require you to present evidence of any injuries or weapons used. You should include the most recent and worst incident of abuse. 

Cost of the order of protection 

If your spouse is violating a court order, you may need to hire an attorney to defend you. The cost of this legal action will depend on your circumstances. Usually, it will cost you around $1,500. In cases involving children, you may also be entitled to get child support or visitation. You can also get maintenance payments or payments for medical bills and lost wages. Additionally, you can get reimbursement for shelter services, legal fees, and access to your children. 

Filing fees for a protection order may vary from state to state. In some states, the costs are waived if the other party is the victim of domestic violence or stalking. However, in others, filing fees can cost from $100 to $400. In some cases, the filing fees may be waived if the defendant is receiving state aid, so check with your state’s laws to see what fees you should expect to pay.