Domestic Violence Protection Orders
Needing to seek legal protection from someone with whom you’ve been living or married to is always a very difficult and often emotional situation. At Ruby & Associates, we have guided many people through the process of securing domestic violence protection orders, and through defending against such orders where appropriate. We pride ourselves on offering our clients not only a depth of legal knowledge and extensive courtroom experience, but compassion and support at a challenging time in their lives.
What is a Domestic Violence Protection Order?
A Domestic Violence Civil Protection Order, or CPO, is available when a family member, spouse or ex-spouse, current or former household member, or someone with whom you have a child:
- pushes, hits, beats or otherwise physically hurts you
- makes you afraid that you will be physically harmed
- physically harms your children or makes you afraid that they will be harmed
- stalks you
- forces you to have sex or commits sexual offenses against you
Our attorneys will help you file a petition for a CPO and obtain an ex parte CPO which is granted at a hearing at which you, but not the other party, are present. Thd ex parte CPO offers you protection until the court can schedule a full hearing on whether a CPO is appropriate. Both parties appear at the full hearing.
We will help you gather and organize evidence to present at the full hearing as well as contact witnesses who can support your position. We will explain what is likely to happen at the full hearing so that you will be prepared and comfortable appearing. Finally, we will appear with you and argue on your behalf at the hearing so that the ex parte CPO can be replaced with a full hearing CPO. This will offer you protection for up to five years, depending on how long the court believes the CPO is needed.
Why Do I Need an Attorney to get a CPO?
It is possible to get a CPO without an attorney, but there are many good reasons to have an attorney by your side during this process.
If the case is complicated by the fact that you and the person against whom you seek the CPO (the “respondent”) have children together, an attorney can help the court see that you are not just seeking a CPO to keep your ex away from the kids. Also, if the respondent has an attorney, you will want the help of someone who is able to effectively and objectively refute that person’s arguments.
Also, being in court can be intimidating, and it is even more so when you must face someone who has hurt you. Without an attorney, you may not remember to present all the evidence in support of your case or may not know the best way to do so. An attorney will know how to present your case so that your goal--a protection order--is achieved.
If you find yourself dealing with domestic violence, you need and deserve support, Ruby & Associates has the experience and skill to help you get the protection you need. To learn more about how we can help you, contact our office at (330) 867-1405.