Gadtke & Beyer, LLC

Please be advised that all material contained herein is for informational purposes only, and is not offered as legal or any other advice on any particular matter.

Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship between Gadtke & Beyer and the user.

No client or other reader should act or refrain from acting on the basis of any matter contained herein without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

Gadtke & Beyer is not responsible for any third party contents which can be accessed through our Web site.

Domestic Abuse and Orders for Protection: What are they?

When domestic abuse occurs between family or household members, the law affords the abused party a quick and easy way to separate themselves from their abuser, including removing the abuser from the house. The abused party can seek what is known as an “Order for Protection” or an (OFP).

This requires going to the courthouse and filling out a petition and affidavit (provided by court staff) stating what happened and why you need an OFP. Court staff provides the affidavit and petition to a judge (usually the same day), and the judge then determines whether domestic abuse has occurred. If the judge is convinced that domestic abuse has occurred, an OFP will issue, which will include provisions that the abusive party is not to have any contact with the abused party. This means that the abusive party may not be at the house, if this is what was sought in the petition.

The Sheriff will be a provided a copy of the OFP, which will be promptly served on the abusive party. If the abusive party disputes the allegations in the petition and affidavit, that spouse may challenge the OFP at an evidentiary hearing to be held within two (2) weeks. Following the hearing, the Court will either grant or dismiss the petition, based on whether it believes that domestic abuse has occurred. If granted, the OFP will remain in effect for one (1) or two (2) years.

The ability of an abused party (usually a woman) to quickly obtain an OFP should provide the victims of domestic abuse with some amount of comfort. There is a legal mechanism by which the abuser (usually a man) can be immediately removed from the house. For the same reason, alleged abusers should be frightened. The Court can remove you from the house, based solely on statements from the alleged victim, at least until an evidentiary hearing can be held within two (2) weeks.

So, the lesson is that if you are the victim of domestic abuse, you have the ability to get an OFP and separate yourself from the abusing party very quickly. Be sure, however, that what you feel is domestic abuse really is domestic abuse before you seek an OFP. If the alleged domestic abuse is marginal and you are getting a divorce or have children, the Court may see the petition as a way of shortcutting the temporary hearing process. The attorneys at Gadtke & Beyer can help you determine whether it is wise to petition for an OFP, but whether or not an OFP will ultimately be granted is decided only by the Court.

Web Development By: Prosperitysites.com