Temporary Protection Order
Civil protection orders can be issued to protect a person from domestic abuse. In order to obtain a Temporary Protection Order (TPO), you will need to demonstrate that there is an imminent harm of domestic abuse. While there are filing fees for most court actions, if you are a victim of domestic abuse, there is no fee to file a complaint or motion for protection or to have it served by the Sherriff on the other party.Where to File
You may have a number of choices of filing location. You can file in the county where the incident(s) occurred, the county where you or the other party live, or the county where you or other party work.Is an Attorney Necessary
Having an attorney for representation is always a good idea, however many people choose to navigate the initial TPO process themselves because there is no evidentiary hearing involved and the order is often issued on the same day as filing. It is helpful to have an attorney explain the legal standard so you can be sure that you are providing the Court with the legally relevant facts. There may often be a difference between what is legally relevant and what is emotionally relevant. It can be a comfort to have an attorney attend the initial nonevidentiary hearing with you as well, so that you are not alone in the process.How Long Does it Take to Obtain a TPO?
The TPO process is fast. You are usually heard on the same day or the next depending on the county. If the Court grants your request, the TPO is issued the same day. The TPO must then be provided to the other party through a process called service. This is what makes the other party aware that the TPO has issued and notifies them of their right to respond and provides them with a date to appear in court.Will the Other Party be Present?
The TPO request is Ex Parte – meaning requested by one side only. That means that only the filer is present. However, if a TPO is issued, the Court will set a return date for an evidentiary Permanent Protection Order (PPO) hearing. The other party will be noticed to be present at the PPO hearing and if he or she is not present, the Court can issue a default order. A default order is an order issued without the input of the responding party.Who Will be Present at the Hearing?
At the TPO and PPO hearing, everyone having a protection order matter being heard that day will be in the courtroom. Court hearings are generally public and these are no exception, so there will be people present for their own cases.
Is it time to turn change into opportunity? At Janko Family Law we know how to work with you to reach your transition goals. We are committed to pursuing settlement to preserve family relations to the maximum extent possible, however also zealously represent your interests in contested litigation if desired or necessary. We can also handle appeals if the event that the trial court errors in fact or law. Give us a call for a complimentary case assessment at 719-344-5523, or fill out our confidential online intake form.