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Family Law

Protection Orders: Temporary vs. Permanent

Family law cases can occasionally involve some rather unfortunate subject matter. Some people’s relationships may involve various forms of abuse or domestic violence. In these instances, a person may be able to seek a protection order to reduce the likelihood of future incidents. If you find yourself in the unfortunate position of wondering whether you should ask the Court to issue a protection order, it will be important to know the differences between Temporary Protection Orders and a Permanent Protection Orders.  This article will help explain the differences.

Temporary Protection Orders

If your request for a Protection Order is granted, it will be a Temporary Protection Order.  The standard for issuing a Temporary Protection Order is whether there is an imminent threat of danger.  Typically, when a person asks the court to issue a Protection Order, a person will be able to appear in front of a Judge that same day.  If the Court finds that there is an imminent threat of danger, it will issue a Temporary Protection Order.  A Temporary Protection Order or “TPO” is typically valid for 14 days until the parties return to court for a Permanent Protection Order hearing.  The Temporary Protection Order must be served upon the restrained person to apprise them of proceedings against them.

Permanent Protection Orders

Before a Protection Order is made permanent, the Court will hold a hearing on whether it is necessary to make a Temporary Protection Order permanent. This is known as a Permanent Protection Order hearing. The restrained person has a right to be present and requests that the Temporary Protection Order is dismissed or otherwise not made permanent.  At this hearing, the moving party, or protected person, has the burden of proof. To that end, it must be shown by a preponderance of the evidence that the protected person is in imminent danger of further abuse or threats by the restrained person if the protection order is not made permanent.  Therefore, it is important that the protected person is prepared for this hearing with exhibits and any possible witnesses.

Final Thoughts

Domestic violence, stalking, and abuse is all seriously concerning. Furthermore, these traumatic behaviors are unfortunately considerably prevalent within the world of family law. Despite the fear of future incident, Protection Orders and asking the court to issue a Protection Order can also be a scary process. If you find yourself in this situation, it is important to reach out to an attorney to ensure you are taking the right steps to protect yourself and your loved ones. Here at Modern Family Law, we dedicate our practice to all aspects of family law. Additionally, we provide free consultations with our team of family law attorneys. If you have questions about protection orders or any other family law issue, get in contact with us today for a free consultation with one of our attorneys.

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