When the actions of one party cause a risk of harm to a child or the other party, a restraining order or order for protection may be necessary. These two orders are often confused and sound similar, but they are very different. An order for protection can be an entirely separate case in order to prevent domestic violence against a party, children, or both. The law carries special procedures and legal paperwork that must be prepared.
In contrast, a restraining order is normally part of a larger family law case, such as a divorce or parenting plan case. The procedures and paperwork necessary to obtain a restraining order are different than those needed to start a separate protection order case. To confuse matters even more, the law allows a protection order to also be issued inside of a divorce or custody case if necessary. To say that this is a complex area of the law would be an understatement.
The impact of a restraining or protection order is huge for both parties. For the “protected party” the law allows a zone of safety and freedom from contact. Violation of the order is punishable by potential prosecution or criminal charges. For the “restrained party” the impact may involve loss of a job, loss of the right to possess weapons, or dramatic change in a parenting plan. Cases in which restraint or protection are sought are often the highest level of conflict in divorce and custody situations, and in which the impact on the children is the greatest.
Douglas R. Hughes has helped clients many times in situations involving obtaining protection or defending against false charges. In every case the facts and circumstances are specifically applied to achieve a positive outcome under the circumstances. If you need protection or are defending false charges, please call 509-252-3013 for a free consultation today, or click here. With very fast timelines for response and filing in these cases, time is of the essence in finding a high quality attorney with the skills you need to guide you through this process.