Avoid this Common Pit Fall

Often a protective order will restrict your communications with the Petitioner to only be in writing through text or email and requiring such communications be limited to matters involving parent time and the children. Where we continually see people getting into trouble and violating their temporary protective order without necessarily knowing or intending to violate, is when the Respondent (that would be you) emails or text messages the Petitioner about divorce related matters which do not involve the children. Let’s say, for instance, you have been served with a temporary protective order, you also find out your spouse filed for divorce, and you send him/her an email about alimony. You have likely violated the terms of the temporary protective order served upon you since alimony has nothing to do with parent time or the children. Don’t fall into this common trap. The best thing to do whenever you are served with a protective order is to contact an attorney and review the terms of your temporary protective order prior to making any contact whatsoever with the Petitioner.

Violation Can Result in a Permanent Order

Many people do not realize that not only is violating a protective order a criminal offense, but it can also be grounds for a permanent protective order to be entered against you at the hearing. This can be very unfortunate, especially if you have a high chance of having the temporary protective order and matter dismissed at the hearing. Let’s say the allegations made by the Petitioner in the protective order are entirely false and you will likely succeed at the hearing in having the case dismissed. Simply violating the protective order can be enough for the judge to enter a permanent order against you regardless of whether or not the Petitioner’s temporary protective order was justified in the first place. If you have been served with a protective order, call and speak with one of our protective order defense lawyers in Provo, Utah right away.

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Contacting Law Enforcement

Of course, if you are ever psychically abused by a spouse, the first step should be to contact the police as quickly as possible. This is especially important if you have children in the home. Your safety and the safety of your children must come first. Do not let fear get in the way of taking this action. Often a no contact order is issued as a result of a domestic violence charge. The system is set up to help the abused spouse and protect them from future harm. You can also contact victim’s services in the area in which you live who can direct you as to the best plan for your safety and the safety of your children.

Filing for a Protective Order

Many victims do not realize that filing for a protective order can put into place an immediate stay away and no contact order protecting you from an abuser. It often makes sense for a married victim to file a protective order prior to or contemporaneously with a petition for divorce. Your spouse will be served by local law enforcement officers with a protective order that can legally order the spouse to stay away from you, any children, your home, school, etc. Your spouse will be given a hearing date to argue a defense but will be temporarily restrained from committing abuses against you. The protective order can become permanent at the hearing if the judge finds evidence of harm, threats of harm, or that harm is likely to occur in the future.

Speaking with a Provo Divorce Lawyer

Speaking with a Provo Divorce Lawyer can help you prepare and take the right steps to get protection from abuse and proceed with a divorce. At our law firm, we offer free consultations and can get you started in the right direction right over the phone. Do not hesitate to give us a call. Your conversation with an attorney is privileged, private, and confidential.

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Consolidating Cases

In some situations it is important to fight for the protective order and keep the parties away from each other for both of their protection. However, in cases where the protective order was maybe used for other reasons the best resolution is to come to an agreement that you’ll deal with your differences, your division of property, and other concerns in a divorce. Protective orders are far too often misused and instead of fighting for something that should never have been requested you can have a restraining order placed in your divorce decree that in most cases deals with all the issues that the party who filed the protective order was concerned with in the first place.

Provo Divorce Attorney | Serving All Your Family Law Needs

Whether you’re dealing with a protective order, a divorce, or both; the lawyers at Divorce Lawyer Provo can help. We work in all areas of central utah and have helped hundreds of family law clients in all types of cases. We understand that family law issues can be emotional and we strive to help relieve our clients stress over the case by helping them understand every aspect of it. We offer free consultations so give us a call right away, in most situations we can answer your questions right over the phone in a matter of seconds, so call us today.

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