Q: I am wanting to file a seperation / protective order how does this work
Is he allowed to come back to the property
Is he required to pay child support
A:
A Protective Order also called an Order of Protection can be filed in Family Court, Divorce Court, or Criminal Court. In order to exclude your spouse or significant other from the home, you will need to request an exclusionary order. This will require you to allege specific dates in your petition where physical abuse or other harmful conduct occurred. It must be stressed that specific dates are required, or your petition will likely be denied.
Shortly after you file your petition for an Order of Protection, the court will have a hearing and issue a Temporary Order of Protection (" TPO") your allegations are specific and warrant a protective order. The TPO will be served on your spouse along with a summons to appear for a hearing. The hearing will be scheduled approximately 2-4 days after the TPO is issued.
The exclusionary hearing is very similar to a trial. You will need to present evidence to prove your case. You can testify, call witnesses, and present documentary evidence, such as pictures of abuse. It is highly advisable that you hire an experienced Family Lawyer with trial experience. If procedures are not followed your evidence may be excluded and you could lose the hearing. If the court finds in your favor at the exclusionary hearing, your spouse will have to leave the home. If your spouse returns, you can call the police and it is likely he/she will be immediately arrested for violating the exclusionary order. Exclusionary Orders are powerful tools.
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