When a person is afraid for their safety, or the safety of their child, they may ask the court for an Order of Protection for themselves (an Adult Order) or their child (a Child Order). The request for either Order is made by a person filing a Petition for an Order of Protection outlining the identification of the parties, as well as the allegations that the person is making supporting their request.
While it’s not necessary to consult with an attorney before filing a Petition for an Order, it may be a good idea to do so. Attorneys who handle Orders of Protection can advise individuals about what actions and behavior may suffice to support an Order, and which may not. Additionally, an attorney can help support an individual who is experiencing fear or trauma by assisting them in drafting the allegations and setting out a timeline showing the concerning behaviors.
Having an attorney at the Order of Protection hearing may also be beneficial since that hearing is under oath, with parties each being able to present evidence to the court. That evidence must be provided to the court in a manner that is acceptable under evidentiary rules and standards; something attorneys are often more familiar with than people who do not have legal training.
For questions about Orders of Protection or other family law matters, please reach out to one of the family law attorneys at Sandberg Phoenix.
