Q: Order of protection
In-laws approached me at a child soccer game onschool grounds. I asked them to,leave me alone. They kept telling me to call the police. I was forced to take my children and leave the game. Police say call family court for order of protection. Court says no. Now what? I asked these people 2 yrs ago to leave us alone for various reasons, they absolutly refuse to.
A:
In an Article 8 proceeding, an ex parte temporary order of protection may be granted “for good cause.” The petition must aver facts, not conclusions. Once granted, the order expires on the hearing date following service of the summons upon the respondent, unless it is continued.
An ex parte temporary order of protection just means that you are requesting the order without the other party having notice of the request.
Based on the limited facts you have pointed out, it seems the court, for whatever reason, did not find "good cause" for the temporary order. Often, Family Courts are criticized for handing out too many orders of protection without engaging in the necessary fact finding. However, in this case, that criticism obviously does not apply.
When you filed for the order of protection did you include facts that would show that you have good cause for the order being granted? It is very important to really flesh out the facts and emphasize why the order of protection is necessary. Without additional facts, it is difficult to determine why the court ruled against granting the order in the case you have described.
I wish you the best of luck and encourage you to talk to an attorney for help. This is obviously not legal advice.
Best,
Andrew Tabashneck
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