Protective orders, sometimes called restraining orders, are common after a divorce, domestic violence call, or conviction for abuse or stalking. A protection order may direct a party to refrain from contacting the other; prohibit a party from going within a certain distance of the other; grant to a party possession of the residence or household and exclude the other party, and any additional prohibitions or requirements the court deems necessary.
With so many restrictions, prohibitions, and expenses at stake, it is important to defend yourself in a protective order hearing and tell your side of the story. Contact protective order criminal defense attorneys at Caulder & Valentine Law Firm, PLLC in Shelby for help with your hearing.
What Happens If You Miss the Protective Order Hearing
The preliminary protective order (PPO) is a temporary order. A judge can issue a PPO without the defendant attending the hearing. This is also known as an “ex parte” hearing. You may not even know about a PPO until after the order is already issued. So do not worry if you did not get notice to attend the PPO hearing because a final or permanent protective order hearing will generally follow.
A PPO generally lasts for 15 days or until there is a permanent or final protective order hearing. This should allow time to notify the defendant of the “permanent” protective order hearing. A permanent protective order hearing is not permanent but it lasts much longer, generally for two years, but can be extended by the court.
If the defendant fails to attend the permanent protective order hearing, the court may enter the order based only on the alleged victim's claims. If the court finds that there was proper notice of the hearing and the defendant does not show up, the order may be entered by default. After the order has been entered, it will be more difficult to change the order.
If You Cannot Attend the Protective Order Hearing
If you cannot attend the protective order hearing, contact your attorney as soon as possible to get a continuance or reschedule the hearing. You may try and contact the court directly to request more time, at the discretion of the court. Do not wait until the last minute to try and get a change of date, because it may be too late.
Protective Order Hearing Rescheduled After COVID-19
Most court hearings have been put off or rescheduled due to coronavirus/COVID-19. Some hearings will be able to be held through web conferencing, video conferencing, and phone access without an in-person appearance. Certain emergency court hearings may be available through WebEx or other remote means, or in-person as necessary.
Talk to your attorney if your Preliminary or Permanent Protective Order hearing has been rescheduled or delayed. If an emergency protective order against you is complicating your life and keeps getting extended without your chance to be heard in court, talk to your attorney about your options.
Our Law Firm is Open to Help Our Community
At Caulder & Valentine Law Firm, PLLC, we will remain available to help our community in these difficult times. We are available to help you and your family by phone, online, or using whatever means of communication are necessary in your time of need. If you need help with emergency custody or family law proceedings, contact us today for a consultation.