Order Of Protection Lawyer Williamson County, TN
Order of Protection Factors to Consider
Many factors will be considered by the Court when determining if an Order of Protection is appropriate in a particular situation.
- The relationship of the parties,
- Other pending litigation,
- The seriousness of the allegations,
- How recently the allegations are to have occurred,
- Children of the parties and even pets of the parties.
- Support to be paid to the victim and children if applicable.
John M. Milazo and Misty D. Parks, are attorneys with over 38 years combined representing people, both seeking and defending Order of Protection matters offers free initial consultations to determine if your situation is one where an Order of Protection is appropriate. For a consultation to speak with John M. Milazo or Misty D. Parks please call us at (615) 599-7719.
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An Order of Protection (often referred to as a Restraining Order, Temporary Restraining Order or a Protection Order) is an Order which restricts or totally eliminates a violent or dangerous person from contacting or coming about his or her victim for one year. An Order of Protection will only be granted in certain situations where the parties are in a specific type or relationship that is domestic in nature.
- People who are married or used to be married.
- People who live together or used to live together.
- People who have a child together.
- People who are dating, used to date, or have had sex ( same sex does apply).
- People who are relatives, related by adoption or are or were in-laws.
- People who are the child or children of the alleged abuser.
- People who have been stalked by the abuser.
- People who have been sexually assaulted by the abuser.
- Limited other relationships may apply.
To speak with an attorney who is aggressive and will strive to help you and your kids, call John Milazo or Misty D. Parks of Milazo Law, P.C. to determine if your relationship with the abuser in question qualifies. For a free initial consultation call us at (615) 599-7719.
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The Court should only issue an Order of Protection if a person can demonstrate that they reasonably fear for their safety and are not only seeking to gain an advantage in a Divorce, Child Custody, Dependency and Neglect or other related court matter. This fear may result from physical abuse or may be from emotional abuse stemming from recurring abusive language, especially of a threatening nature. Unfortunately, all to often, the real victims are scrutinized closely because there are many people who abuse the power of an Order of Protection and who will lie under oath to seize that power. An experienced lawyer who is familiar with the Court in your area and who routinely appears on behalf of Domestic Violence victims can help you protect yourself and your child or children, by:
- First, completing the necessary documents throughly and without unnecessary and sometimes distracting information.
- Next. your Petition will be submitted to a Judge to determine if the Court will issue a Temporary Order of Protection. This is called an Ex Parte Order of Protection, which means that the Court temporarily Issues an Order prior to hearing from the other side.
- A trial on the merits of your Petition will then be heard within fifteen days.
- In some cases such as where the abuser has violated the Order of Protection at some point, the Court will extend the Order of Protection.
True victims of Domestic Violence are motivated only by fear and any relief granted by the Court which benefits them is merely a byproduct of the malfeasance of the offending party. It is unfortunate but this process is often exploited by parties seeking to use the Order of protection, especially the initial temporary Order of Protection granted without a hearing to gain an advantage in another matter. The negative consequences of an Order of Protection can include:
- In a Contested Divorce, with or without kids involved, a party who has received an Order of Protection may have exclusive possession of the marital residence and the other party cannot go home.
- Being banned from their house sometimes blocks their access to certain evidence that may be necessary to properly assert their position in a Contested Divorce. Also, without even filing a Divorce or Child Custody petition, the Court, will grant the Petitioner, Custody and both Child Support and support similar to Spousal Support.
- The Respondent cannot own or possess a firearm even for sporting or hunting purposes.
- A handgun carry permit will be revoked.
- The Respondent may find that his or her employment may be negatively impacted.
- Security Clearances may be withdrawn or not be renewed.
- Other, unrelated custody matters of other children may be impacted by this incident.
- Travel outside of the United States may be impacted.
- For Non-United States Citizens, their immigration status could be impacted and even prevent future citizenship.
