ORDER OF PROTECTION: WEAPON OF DESTRUCTION?

WARNING: THIS POST IS NOT FOR INDIVIDUALS WHO HAVE A LEGAL BASIS FOR FILING AND/OR SECURING AN ORDER OF PROTECTION; WHO HAVE BEEN THREATENED, HARMED, OR IN ANY WAY OTHERWISE THE VICTIM OF DOMESTIC VIOLENCE OR LEGALLY IMPERMISSIBLE BEHAVIOR.

Now, let me talk about Orders of Protection being used as swords, not shields...and what I'm really talking about is advice for those who end up falling upon their own sword.

An Order of Protection is a Court Order which is issued in order to protect an individual from conduct by another person which is legally impermissible.  Conduct which is legally impermissible varies from state to state so I cannot get into what type of conduct might or might not be legally impermissible.  However, here are some scenarios that an Order of Protection is NOT meant for:

• Trying to get your spouse out of the house where you do not have the legal basis to do so. I know it is very difficult to live with your spouse during a divorce. Indeed it may be the most difficult part. However, unless you have a legal basis for having your spouse removed from the house, trying to get an Order of Protection where you don't have a basis to do so, will only make the situation worse.  If you file a baseless Order of Protection and lose, there is no "taking it back."  You have lost credibility.

• Trying to get a "leg up" on a custody battle.  Often times where custody is in dispute, one parent will try to get an order of protection hoping that this will help him/her in the custody dispute.  Unless there is a legally valid basis to seek and obtain an Order of Protection, this type of move will certainly backfire.

Depending on your jurisdiction, the filing of an Order of Protection could result in an attorney being appointed for your child.  This means your child will most likely be interviewed by the attorney (depending on the child's age and your jurisdiction) and the parents will not be present for the interview.  The filing of an Order of Protection may also result in a child protection services (or similar agency) investigation and in that case, both parents and the child will be interviewed.  It will be many days, weeks or months before the investigation is complete, and before it is over, thousands of dollars will have been spent, and countless hours of pain and anguish endured.  Where the allegation was baseless, the result will be "unfounded" or something of that nature, and the case closed.  Your spouse however will never forget your actions, and you can bet that any chance of settling or resolving things amicably will also be closed.

I cannot tell you the number of clients and/or spouses over the years that have sought Orders of Protection without a legal basis and lost; not just from the litigation standpoint, but in other ways that cannot be measured.

If you have an attorney, please consult him or her before seeking an Order of Protection.