The protection order is a set of protective measures taken in the event of “violence specifically committed against women, violence within couples, and the latter’s impact on children.” It allows protection at several levels for the victim.
The people on the following list can apply to the family affairs judge (JAF) for a protection order:
People who are married, in a civil partnership, or a cohabitation, whether they are separated or in a relationship;
Children experiencing violence within a home.
Domestic or intra-family violence can be the subject of a protection order. Here is a list of examples:
- Physical violence
- Psychological violence
- Sexual violence
Victims benefiting from the protection order can receive the guarantees from the following list:
Physical security: for example, the ban on approaching, holding a weapon, or even hiding the victim’s address.
Legal security as a parent: such as the terms of application of parental authority.
Legal security relates to the charges and fees that a former victim partner can collect.
Economic security: the contribution to expenses linked to the child’s maintenance.
Shelter for the victim: The Judge can decide to expel the defendant.
How To Obtain A Removal Order?
To benefit from the protection order, particularly a removal measure or the expulsion of the defendant, the victim can urgently contact the the law office like Hodgson Law Offices with territorial jurisdiction, either that of the marital home or the place of residence of the defendant or the victim.
To do this, the victim or their lawyer must submit the request to the judge; the protection order must be issued within a maximum of 6 days from the setting of the hearing date. Thus, the JAF sets the earliest date for the hearing and provides the applicant with a “permit to cite.” Here is the list of the usefulness of this document:
- It allows you to request legal aid
- It is also essential to summon the defendant to a hearing before the Judge
The defendant will be summoned to the hearing by a bailiff within a maximum of 2 days from the date fixing the hearing order. The protection order measure is valid for 6 months. After this period, it is renewable once.
How Do You Prepare For A Protection Order?
Are you a victim of domestic violence, or is your child experiencing domestic violence? It is important to prepare your request with a lawyer like spokane protection order lawyers for example even before submitting your file. To do this, the assistance of a family law lawyer is strongly recommended. It is not obligatory in the procedure. However, the advice of this legal professional will be of great help to you.
The lawyer can also help you while gathering evidence. Indeed, the application file must contain copies of documents proving the likelihood of the alleged violence and the danger incurred by the victim and the victim’s children.