An order of protection can be quickly obtained by the court and will go into effect immediately. The Order of Protection can be obtained from any court, but if the order is being filed in conjunction with a divorce proceeding, then the Order or Protection will be filed with the same court that the divorce action is filed, or will be filed.
Once an Order of Protection, or Restraining Order, is in place, it is difficult to overturn if it has been properly prepared by an experienced Order of Protection attorney. There will be a hearing following the issuance of the Order of Protection to allow the Defendant to be heard. The Court will usually leave an order in effect unless the Defendant can make a compelling case against the order. The Sampair Group will be able to present the Order of Protection the best way possible to best insure that the Order or Protection will not be overturned.
As order of protection can allow the petitioner to gain exclusive use of the home and in some instances, can restrict parenting time by the Defendant during the divorce process and can deny the Defendant’s ability to obtain joint custody.