Orders of Protection & Injunctions Prohibiting Harassment
On one hand, this procedure can be helpful because it is quick. You simply fill out a petition to present at a local City, Justice or Superior Court and you are heard by the Judge while you are there. The Court will either grant the Petition or deny the Petition on the spot. The other person does not know you are there and does not have the opportunity to be heard at this initial hearing.
If the Petition is granted, you must serve the Petition and Order on the other person in order for it to take effect. If you obtain an Order and never serve it, it is not valid or enforceable. Once served, the other party has the opportunity to file a request for hearing with the Court. Once requested, the Court will set a hearing and both of you must appear. After that hearing the Court will decide if the Order stands. If you do not appear, the Order will be quashed (released).
You cannot use an Order of Protection to change or modify a parenting time Order. Courts will not usually include a child or children in an Order of Protection unless you can prove that the other parent actually threatened to harm or has harmed the child or children.
If someone has obtained an Order of Protection or Injunction Prohibiting Harassment against you, you can challenge that Order through the Courts. Do not try to talk it out with the person who got the Order. Until revoked or modified, that Order is legally enforceable and trying to talk it out is a direct violation of the Order. You must go to Court and get the Order quashed or modified before having any contact with any person identified in the Order.
If an Order of Protection or Injunction Prohibiting Harassment is granted or upheld after a hearing the Order remains in effect for one year.
An Order of Protection and Injunction Prohibiting Harassment are civil proceedings, they are not criminal. If, however, a person violates an Order of Protection or Injunction Prohibiting Harassment, that violation is criminal and charges will be filed. Do not violate an Order of Protection or Injunction Prohibiting Harassment because it can only make the situation worse.
If you would like to contact Owens & Perkins regarding obtaining or contesting an Order of Protection or Injunction Prohibiting Harassment, click here.