Protective Orders and Custody

Todd Peterson — Fri, 04 Apr 2014 19:19:06 +0000

One of the difficult things about protective orders is that after a party requests the protective order, a temporary protective order is normally immediately issued and if the party requesting the protective order is married to the named respondent or they are parents together then they can request that the minor children also be included in the protective order. So regardless of whether or not there are sufficient grounds for a protective order to be issued there could be a temporary order of custody in favor of the individual who filed for the protective order. Due to the unrestrained power of this system it is often abused and protective orders are filed just to get temporary custody of the minor children or to get one of the parties kicked out of the house.

Reasons to Stay Away from Protective Orders

Obviously there are some clear situations where protective orders are very vital and can protect individuals and even save lives. However, in every other situation there are some good reasons why you should stay away from protective orders, especially if you are going through a divorce process. One of the biggest reasons why you shouldn’t try and get a protective order if you really aren’t afraid of being physically injured by your spouse is because it delays the process of your divorce and it makes people more vindictive and makes settlement negotiations more difficult.

Ogden Family Law Attorney | Getting Your Protective Order Questions Answered

If you are considering divorce or a protective order or both then you should talk to an attorney first. Call us at Ogden Divorce Law for answers to your divorce and protective order questions, we can help you make an informed decision about your situation.

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Protective Orders and the Divorce Process

Todd Peterson — Wed, 27 Nov 2013 17:21:23 +0000

A lot of divorce cases begin with a fight, sometimes a serious fight that results in domestic violence charges. In these more serious cases the alleged injured party is usually referred to Legal Aid Services or some other free legal provider that encourages them to file a protective order against there spouse. A protective order is an order from the court stating that one party cannot contact the other party or come within so many feet of that person’s home, place of work, or even sometimes the school their kids go to. When a protective order is filed the court will normally issue a Temporary Protective Order and then schedule a hearing so that both parties can come before the judge/commissioner and tell their side of the story.

Fighting Against a Protective Order

For better or worse a protective order is very easy to obtain and the standard a petitioner has to meet is very low. At the protective order hearing the judge/commissioner will be trying to determine whether domestic violence has taken place or whether the respondent is an immediate threat to the petitioner’s physical safety. In a lot of these cases there are no other witnesses or physical evidence so it comes down to who the commissioner thinks is more credible and unfortunately the court usually just enters the protective order to be on the safe side.

Getting Help for Your Protective Order Case

If you are facing a protective order and are worried about the effects it could have on you then call Salcido Law Firm today for help. We can answer your questions and explain the basic structure of the legal process so you can understand the possible outcomes you are facing. Our attorneys have represented hundreds of family clients and are experienced in protective order defense so call us today to get the help and protection you need.