When one member of a household commits violence against another, it is considered domestic violence. Victims of domestic violence can ask the court for an order granting protection against their abuser. This is a special, expedited process put in place to prevent abuse from continuing. Although the petition for the protection order can be filed by the victim without the assistance of an attorney, having a family law lawyer in Oldsmar present when filling out the necessary paperwork might be of benefit especially if the victim is not thinking clearly.
Once the petition is filed, a judge will review it and decide whether there is an urgent need for protection. If he or she finds that the there is an urgent need, a protection order is issued. The order prohibits the abuser from coming into contact with the victim. Should that order be ignored, the abuser could face criminal penalties. If the judge does not find an urgent need for protection, an order is entered denying the petition. In either case, the matter is set for hearing within a couple of weeks. If an attorney did not assist in the completion of the petition, one should be obtained for the hearing. Contact Westchase Law, your family law lawyer in Oldsmar, to attend your domestic violence hearing.
The hearing is crucial. If the petition was initially granted, the judge will decide whether it will continue. And, if it was denied, the hearing is a chance for evidence to be presented and the judge to reconsider granting the order. This hearing should be attended by your family law lawyer in Oldsmar to ensure that your case is presented effectively. After hearing evidence from both sides, the judge will issue a decision. Once again, if the order is granted or continued, the abusive party is prohibited from coming into contact with the victim for a certain period of time and any violations could result in criminal charges.
Domestic violence is a serious situation. Westchase Law is prepared to be your family law lawyer in Oldsmar for the duration of your domestic violence protection order case.