What is an Order of Protection and How May it Apply to Me?

Protective Orders - The Cate Law Firm

An order of protection is a paper that is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences.  It offers civil legal protection from domestic violence to both women and men.  You generally file for the order of protection in the county where you live or where the abuse happened.  When you need legal advice and representation in an order of protection, whether or not it’s connected to a divorce or other family law matter, we hope that you will consider The Cate Law Firm to help you through what can be a very difficult time.

A person may file for an order of protection (rather than a restraining order through magistrate court) if the person asking for the protective order and the alleged abuser:

  • Are current or ex-spouses
  • Have a child in common
  • Have lived together in a familial relationship

 Can My Attorney Help?

Yes.  At The Cate Law Firm we are experienced in the filing of orders of protection and arguing at an order of protection hearing.  Our attorneys and staff are keenly aware of the sensitivities of these situations and we are there to help with the particulars of your case.

What does the Protective Order do for me?

If you file for a protective order, you can ask the Court for certain kinds of help.  For instance, a judge can:

  • Order the defendant to stop abusing you;
  • Order that the person stay away from you and to not try to contact you or harass you;
  • Order the defendant to stay out of your house;
  • Award you temporary custody of your children and outline visitation rights;
  • Order the abuser to pay temporary financial support for you and/or your child if you are married or the accused is the legal parent of the child;
  • Grant temporary possession of the shared residence (even if the abuser owns the home or is the only one on the lease) if the respondent has a legal duty to support you or your children
  • Order law enforcement to help you remove personal property from the home if you are the one leaving the home of the abuser;
  • Order the abuser to pay for court costs and your attorney’s fees; and
  • Order any other remedy that the judge thinks is necessary to keep you safe.

These are just some of the remedies available to you if you are able to prove you need protection from the court against the abuse of another household member. Contact the experienced and compassionate family law lawyers at The Cate Law Firm to learn more about how a protective order can help keep you safe.

However, there are also instances in which orders of protection are not filed for legitimate reasons.  If this happens to you, it would behoove you to seek the counsel of an attorney knowledgeable in the standards for orders of protection and what must be proven in order to obtain one, so that your rights aren’t unnecessarily infringed upon.

Get Help with Your South Carolina Family Law Matter

For help with orders of protection, divorce or other family law matter in upstate South Carolina, contact The Cate Law Firm in Spartanburg to speak with dedicated and experienced family lawyers.  Call us to schedule an appointment today at (864) 585-4226 or contact us online.

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