Family law is a field of law that deals with issues related to family and family relationships.
How you can get an order of protection in the event of domestic violence?
If something threatens your physical or emotional safety or the safety of your children, you should immediately seek legal advice or seek the assistance of the Court.
You need to take immediate steps to keep you and your children safe. Family Courts in all counties of the State can make a quick decision on an application for a protection order; usually, if necessary, this can be done within one day.
The Summons, Petition, and Defense Order must be delivered to the defendant. This can be arranged through the local police station, privately, or through a professional document delivery agent.
The Family Court may order the Sheriff’s Department to serve documents. In this situation, the case will be rescheduling. And the defendant will be called to court to responding to the domestic violence petition.
Either by agreement of the parties or after a hearing, the judge can issue a standing order of protection. It can be limiting or complete, for up to 2 years.
Sometimes the police refuse to arrest during a domestic violence investigation; however, the police may advise the victim to go to Family Court and ask the Judge to issue a Protection Order.
If the police refuse to arrest the person you complained about, you can file the petition with Family Court. A Family Court judge has jurisdiction to issue a Protection Order (full or limited) that will have the same effect as an Order issued by a Criminal Court judge.
Both the State Criminal and Family Courts have concurrent jurisdiction over certain domestic violence offenses.
The difference between the procedure in these two courts is that, in Family Court, you, as the plaintiff, are a party to the proceedings, It means, that and you have control over the proceedings against the defendant (the person who, according to your charges, committed acts of domestic violence against you).
At any time you can reach an agreement with the defendant about closing the case. Also, you can just pick up your petition.
A Domestic Violence Petition, in the absence of an agreement by both parties, is decided by a Family Court Judge after the merits hearing.
But the Court has jurisdiction over other types of petitions, such as:
- Visits and Residence of Child,
- Child Support,
- Paternity Establishment,
- Child Neglect, etc.
Occasionally, after being arresting and first appearing in a criminal court, a Domestic Violence petition is also filing in Family Court.
After it – requiring the client to attending both courts during both relevant cases.
If there are minor children in the family, the Criminal Court will often include such children in the Order of Protection. However, making, an exception for modifications of the order by the Family Court. In such a case, the defendant wishing to maintain a relationship with his children. But it must apply to the Family Court and register a petition to visit the children, asking the Judge to draw up a timetable for visiting the children.
Depending on the circumstances of the original case that led to the Protection Order, the judge may authorize:
- limited visits to children,
- visits to children under the supervision of relatives,
- or even visits to children under the supervision of a social service agency.
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