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 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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.