When violence erupts at home, or when people claim that violence has occurred, the general consequence is the seeking of an Order of Protection against the offending party. This often comes up early in the divorce process, many times even before the actual Summons for a Divorce is even served. Sometimes, the complaints are real, and have to be dealt with. Sometimes, however, the complaints are manufactured as a way of trying to get the Family Court to throw a spouse out of the house, especially just before the onset of a divorce case, a tactic sometimes used by overly aggressive attorneys. In those cases, only a Family Law Attorney who is proficient in these kinds of court battles can adequately protect you from a spouse who is actively trying to incriminate you, as a way of having you removed from the marital residence.
The biggest problem with the procedure for obtaining an Order of Protection is that the aggrieved party can go to court, without even informing the party they are accusing, and get a temporary order of protection, which will stay in effect until a final hearing, which may be weeks away. At Breiter and Gura, our Family Law Attorneys can advise you on the best way to avoid being a victim of a false claim, or, if necessary, on exactly how to make sure a real claim is correctly handled, from the moment of first contact with the police to the eventual court appearances.