An Order of Protection is a petition filed by a person requesting police assistance from someone they believe will cause them harm. If granted, the Order of Protection will command the other person to stay away from the petitioner. If the person violates the Order of Protection, they will be subject to arrest.
In this case, TR’s live-in ex-girlfriend had filed a petition for an Order of Protection and was able to convince a judge to issue her an Emergency Order of Protection. As a result, TR was forced to move out of the couple’s house, leaving behind his children and pets. After hiring us, TR came to our office to tell us his version of events, and we got to work on his case immediately.
After reviewing the facts alleged by TR’s ex-girlfriend and conducting our own investigation, we realized that she was misusing the Order of Protection. We determined that the petitioner was not scared of TR and was using the Order of Protection to get our client kicked out of his own house. We filed an emergency motion stating that it would be a more significant burden to require TR to find a new place to live than it would be for his ex-girlfriend to do so. This allowed us to get an immediate court date where we would have the opportunity to argue our motion. After presenting these facts in front of the judge, she agreed with our position and dismissed the Order of Protection. As a result, TR could return home and be reunited with his children and pets.