Orders of Protection
Unfortunately, domestic violence is almost a commonplace occurrence in some relationships, and it may be the reason you’ve chosen to end your marriage. But just because you’re not in the same home doesn’t mean the feeling of unease goes away. When you believe that your safety, or that of your children, is threatened, you need to get orders of protection in place right away.
Trust the law office of Paula J. Burnstein, P.C., Phoenix’s compassionate family law attorney, to provide the support and guidance you need during this tumultuous time. She’ll help you use the law in your favor to protect yourself and your family.How Orders of Protection Work
Commonly referred to as restraining orders, orders of protection are designed to keep an abusive person, often a spouse or partner, at a safe distance from you and your children. They are issued by a judge and clearly state the restrictions against the person for whom the orders of protection are written:
- They cannot call or harass you in any way.
- They must remain at a safe distance, usually 100 yards or more.
- If you are currently living together, they must leave the premises.
- They cannot have direct contact with your children.
- In addition, if drugs and/or alcohol are part of the problem, the judge can mandate that the person attend professional counseling sessions, including Alcoholics Anonymous (AA) and Narcotics Anonymous (NA).
When you work with the law offices of Paula J. Burnstein, P.C., we will discuss your unique situation and how domestic violence or drug and alcohol abuse are involved. If needed, we will petition the court for temporary orders of protection, which will last long enough to obtain a hearing. Then, with you and the judge, we will determine which option is best to keep you safe.
- Emergency Orders of Protection — If you are in immediate danger, this order will protect you until the end of business hours on the day after its release. This allows us time to file an extension with the court. These orders of protection can be assigned over the phone and after business hours.
- Permanent Orders of Protection — You will need to go to court to obtain this order, and it is valid for one year. These orders of protection can be modified or extended during that time to reflect any changes in your situation. If the accused person is obligated to pay you spousal maintenance, they will still have to make payments.
We want you and your children to feel safe during and following your divorce. If you feel you are in danger, contact us immediately to get orders of protection in place. We offer a free 15-minute phone consultation to learn more and get started.