Temporary Protective Orders Against Domestic Violence (AKA TPO)
There are many victims when it comes to domestic violence; the victim, witnesses to the domestic violence (often children), and those wrongfully accused of committing an act of domestic violence. Berkich Family Law represents all of these victims.
It is our priority to make sure that victims of domestic violence are protected under the law and are given the resources and support to move forward and feel safe. It is equally important to ensure that those who are falsely accused of domestic violence are represented and heard so that the TPO cannot be used inappropriately by litigants to gain an upper hand in a custody proceeding or as a punishment.
Restraining Orders During Separation or Divorce Proceedings
Obtaining a TPO, also known as a Restraining Order, can serve many purposes in a relationship with domestic violence. First the TPO prohibits the abuser from contacting the victim and prohibits the abuser from being within 100 yards of the victim’s home, work, and any other place frequented by the victim. A TPO can also protect children against abuse or the threat of abuse.
The TPO can also serve as a buffer during after separation. Often times, parties who may not otherwise be violent towards each other, can become threatening during separation, which is often highly emotional. Prohibiting contact for thirty days (the standard initial TPO) often serves as the “cool-off” period the parties need before proceeding forward with their divorce or separation with a more level-head.
Berkich Family Law also represents those falsely accused of domestic violence. Having a TPO issued against you can impact your job, your ability to carry concealed weapons and potentially your custodial rights with regards to your children. Violating a TPO is a misdemeanor offense. Berkich Family Law will represent you in order to accomplish the following:
- Recover your possibly tarnished reputation
- Protect your custodial rights
- Protect your criminal rights, in the event criminal charges have also been brought against you with regards to the same alleged incident
Typically the applicant files his or her own Application for TPO, without engaging an attorney. The court master will review the application and decide whether to grant the initial 30-day TPO or deny it. If the TPO is granted there will be a hearing automatically set within 30-days or within the time period before the TPO expires. It is before this hearing that parties often retain counsel to represent them. At this hearing the court master will decide whether to dissolve, modify or extend the protection order typically for a period of three months to one year.
No matter the victim, Berkich Family Law can help protect your rights.