order for protection
OFP's and criminal cases may go hand-in-hand.
What is an Order for Protection?
An Order for Protection (OFP) is a civil court order in which a person (the Petitioner) requests a court order for themselves and/or their children. If approved by a Judge, the court orders that a certain person (the Respondent) cannot contact the persons named in the order or go to places listed in the order for a specific period of time, usually 2 years. Other conditions may include but are not limited to: court ordered custody changes, parenting time or limited, approved methods of contact, restitution or counseling. One of the requirements for the Judge to grant an OFP is that domestic abuse must be alleged. If the Respondent violates the OFP, there may be criminal charges. If anyone has an OFP against you, you are not allowed to possess firearms. If no domestic issues are involved, then one may consider a Harassment Restraining Order (HRO).
In order for a Judge to Grant an HRO the Petitioner must prove repeated incidents of harassment or a sexual assault. There is no relationship requirement. The restrictions the Judge may order are much more limited than in an OFP.
Example: A grandmother and respected citizen was hit with an order for protection and assault charges by her daughter-in-law. The OFP also restricted her from seeing her grandchildren. Ms. Casanova represented the grandmother in the OFP hearing and the OFP was dismissed, along with all the restrictions that came with it. Further, Casanova sent the transcript of the OFP hearing to the criminal prosecutor and all assault charges were dismissed.
Casanova Criminal Defense can help you defend an OFP or an HRO.
What is an Order for Protection?
An Order for Protection (OFP) is a civil court order in which a person (the Petitioner) requests a court order for themselves and/or their children. If approved by a Judge, the court orders that a certain person (the Respondent) cannot contact the persons named in the order or go to places listed in the order for a specific period of time, usually 2 years. Other conditions may include but are not limited to: court ordered custody changes, parenting time or limited, approved methods of contact, restitution or counseling. One of the requirements for the Judge to grant an OFP is that domestic abuse must be alleged. If the Respondent violates the OFP, there may be criminal charges. If anyone has an OFP against you, you are not allowed to possess firearms. If no domestic issues are involved, then one may consider a Harassment Restraining Order (HRO).
In order for a Judge to Grant an HRO the Petitioner must prove repeated incidents of harassment or a sexual assault. There is no relationship requirement. The restrictions the Judge may order are much more limited than in an OFP.
Example: A grandmother and respected citizen was hit with an order for protection and assault charges by her daughter-in-law. The OFP also restricted her from seeing her grandchildren. Ms. Casanova represented the grandmother in the OFP hearing and the OFP was dismissed, along with all the restrictions that came with it. Further, Casanova sent the transcript of the OFP hearing to the criminal prosecutor and all assault charges were dismissed.
Casanova Criminal Defense can help you defend an OFP or an HRO.