Steps To Take in a Domestic Violence Case
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 Jennifer Sunderlin Morton for guidance.