Do you have questions about the steps to take in a domestic violence case in Saratoga? Check out this article, then give our lawyers a call.
What to Do if Your Ex Threatens to Take You to Court
Sadly, in most situations, family court carries an ongoing risk that the parties may have to go back.- When the parties know a return to court may be on the horizon, excellent records offer the best protection. The better one’s records – and the better one is organized – the better the outcome, regardless of the other party’s allegations.
- The next best self-protection is appropriate behavior. If a return to family court is anticipated, mindfulness of words and actions is very important.
- Remember that any text message, email, social media post can be cherry-picked for use against you. Just be careful.
How Long an Order of Protection Lasts
- An order of protection is designed to keep someone who is harming another away from that person.
- Temporary orders of protection last until the holder’s next court date, and final orders of protection can last from one to several years.
- In the case of aggravated circumstances – such as use of a weapon or infliction of bodily harm – a five-year order of protection may be entered.
Consent Without Admission
You can consent to a family court order, in a family offense proceeding or a proceeding to enforce an order of custody, without admitting to violating an order or to any specific act of wrongdoing. That is, often a settlement to resolve such proceedings without a trial. The other party would receive their order of protection, or receive a finding that an order has been violated, but you would not be specifically faulted for any specific action.
What to Do if Someone Violates an Order of Protection
- You need to immediately call the police in this type of situation
- You should also go to your family court to file a petition for violation of that Order of Protection
Being Afraid of Seeing the Respondent of an OOP in Court
- If you’re afraid to see the respondent in court, reach out to a court officer outside the courtroom upon arriving at the courthouse and ask to be escorted to a room away from the respondent.
- They will also escort you into the courtroom when you are called for your appearance and, once your case is concluded, they will escort you from the courtroom.
- Bring a friend or a family member – or even an advocate – to court with you so that you don’t feel alone or scared.
Do you have questions about the steps to take in a domestic violence case in Saratoga? Contact experienced Saratoga Family Law Attorney Jean Mahserjian for guidance.
This educational video was brought to you by Jean Mahserjian, an experienced Saratoga Family Law Attorney in Clifton Park.
