Protection From Abuse and Restraining Orders
In today’s video, Merritt Heminway walks you through the basics of protection from abuse cases. If a person feels unsafe in their home, they have the ability to file a restraining order in court to seek protection. The process is fast moving and effective, so it is important to have someone on your side that can help you with the process.
If you live in Maine and would like advice about restraining orders and protection from abuse legal cases, please give us a call.
Please email us at email@example.com or call (207) 221-6363.
Below is the transcript of the video:
Having an attorney onboard early on is incredibly important in abuse cases.
Protection from abuse cases are not criminal cases they are civil cases. They are one plaintiff versus one defendant and are meant to offer an immediate protection in the form of a restraining order from anyone feels that they’ve been abused by a household or family member.
Any person who feels that they have been abused in their home can walk into any court during any business hours and fill out a complaint asking the judge to order the defendant to stay away from them until further notice. That means that if you fill out that complaint, a judge may rule on it within minutes. And that temporary restraining order may be served on the defendant within hours. Then there will be a court date about two weeks later, at which point the plaintiff will need to prove by a pro ponderous of the evidence that the defendant did commit abuse and if that proof is made that restraining order could be in effect for up to two years.
One of the things that is so difficult during about these cases is that they move so incredibly fast but there is not often the time for that thoughtful investigation that we would be able to give to a criminal case for example. And so it becomes even more important to have an attorney and to have an attorney on board as soon as possible.
We represent both plaintiffs and defendants and protection from abuse cases. And from a defendant’s point of view the consequences can be extremely fast and extremely severe. A defendant can be ordered to pay child support, can be ordered to pay money just because, can be ordered to stay away from the plaintiff and the plaintiffs children. They can be ordered out of their home.
For a plaintiff in the protection from abuse case the process can often be a good first step towards resolving a difficult home situations. When you know that the appropriate first step is just staying away from each other, often times protection from abuse cases is the right choice.
Here at HH Law center we can help you file protection from abuse complaint and helping you find the resources to keep your family safe for the future.