Having a protective order placed against you can affect your life in many ways. Fortunately, a seasoned protective order lawyer could advocate for you and help you understand your rights. Read below to learn more about the impact of a protective order in Mecklenburg County.
The court will review the evidence in terms of who has the right to the home prior to issuing the protective order. The court will also review the evidence in terms of the nature of the threat, the conduct alleged, and the circumstances that the petitioner and the respondent will face if either is granted or denied access to the residence.
If a protective order is issued against an individual living with the respondent, very often part of that order will grant possession of the residence to the petitioner so they are not displaced just because they need to be protected. This means that the respondent will not have access to the premises once the protective order has been granted, and any attempts to gain access to those premises will be a misdemeanor violation of a protected order. That means the respondent of the protective order will have to find alternative housing.
Even if the deed is in the respondent’s name, if the home is the petitioner’s primary residence, they have certain rights to that home by virtue of it being their primary residence. All of that will go into what the judge considers in deciding who gets access to the home. Often, the initial determination of a judge about access to a residence in the context of a protective order is temporary until a permanent protective order is issued. The process can take several months to sort out.
It can create a hardship if the respondent does not have any other housing options. But, judges are usually less sympathetic to the respondent of a protective order in that situation, especially if the petitioner also has no alternative housing. If the petitioner has housing options but nor the respondent has none, it is possible the judge will grant possession of the residence to the respondent and ask the petitioner to find alternative housing.
The impact of a protective order in Mecklenburg County includes access to the respondent’s children. If children are in the home, that might mean the respondent does not have access to the children, even if it is not part of the protective order.
The best-interests-of-the-child standard is used for determining custody and visitation status between parents. When determining who is going to be awarded the residence, a judge will be particularly careful not to displace the children. The judge is more likely to allow children to stay in the home and will likely force the respondent to find alternative housing.
The courts want to determine the need for financial support based on the nature of the evidence presented, and their decision will depend on the petitioner’s and respondent’s specific financial circumstances. It is rare for a judge to issue financial support as part of the protective order, and it will not be done in an ex parte order.
If the judge has ordered financial support in any context, including a protective order, and it is ignored, that person has ignored a court order and can be charged and incarcerated for violating it.
Commonly, a financial support order incorporated into protective order includes support to assist with housing or temporary child support to assist with children who may be living in the home. Call today to learn more about the impact of a protective order in Mecklenburg County.
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