Obtaining Legal Protection From Domestic Abuser With The Help Of Our Family Law Attorneys
At Astor Weiss Kaplan & Mandel LLP, our family law attorneys can guide you through the process of obtaining a protection order when faced with domestic abuse. An individual who has been subjected to domestic abuse can file for a protection from abuse order, with the requirement that the abuse must occur between family or household members, sexual or intimate partners or persons who share biological parenthood.
What Constitutes Abuse?
In situations of domestic abuse, the abuse need not be physical, but if it is not physical, it needs to place the individual in fear of immediate serious bodily injury. The infliction of emotional abuse is not sufficient to obtain a protection from abuse order. Having our experienced family law attorneys at your side during these situations will help you understand what types of abuse are considered by the courts and the legal process to obtain protection against domestic abuse.
What To Expect In Court Proceedings
An individual who has been abused should go to the county court where the abuse occurred and file a petition for a protection from abuse order. County courts usually provide form petitions and often have staff available to assist individuals in filling out the petition. Once the petition is filed, the court will schedule an emergency hearing to determine if a temporary protection from abuse order should be entered. That hearing is usually held the same day as the petition is filed.
The court will review the contents of the petition, and a judge may speak with the individual filing the petition. The court will not speak with the individual against whom the allegations are made at this time. The judge will then decide whether or not to grant a temporary protection from abuse order. At the same time, the court will schedule a hearing on the petition to determine whether a final protection from abuse order should be entered. The hearing must be scheduled within 10 business days of the filing of the petition.
Relief Is Available Under The Protection From Abuse Statute
The protection from abuse statute gives the court the authority to order several things. First and foremost, the court will order that the offender shall not abuse, stalk, harass or come near the individual. The order can also evict the offender from the residence of the petitioner. Furthermore, the order can temporarily address issues regarding children, such as child support and child custody, as well as require the offender to surrender any weapons and ammunition that were used in the abuse incident.
Discuss Your Legal Needs With Attorneys Who Listen And Care
For legal assistance, contact Astor Weiss Kaplan & Mandel LLP, at any of our office locations in Wayne, Bala Cynwyd, Philadelphia and New Jersey. We also have other family law services that may be relevant to your needs. To get started, call 215-790-0100 or fill out our online contact form.