Protection Order Representation
Protection Orders are a civil order preventing one party (Respondent) from contacting the other party (Petitioner). It is important to understand the rights of the parties involved and the different types of protection orders.
Ms. Gierman has handled a wide range of protection order cases throughout her career. She has helped people suffering harassment file a protection order, defend people from having a protection order granted against them and helped people try to reverse a protection order once it has been issued.
Filing a protection order
Any individual can file a protection order (PO) against any other individual. Once the petition is filed, a court hearing can be set for a judge to determine if there is a basis to grant this protection order. You can go through this process on your own, but we recommend having an attorney with you for several reasons. Going through the details of the reasons why you want a PO can be emotional and there are many facts to relay. It can be quite difficult to state all the pertinent facts, cross examine the individual who is harassing you, and maintain composure while being cross examined by the individual or their attorney without any preparation. Ms. Gierman meets with you to understand the situation and takes away all the stress and uncertainty of this process. Before this hearing, she will give you a good idea if it is likely a PO will be granted and will work with you to assemble all the facts and evidence you need for this hearing.
Defending a protection order
Some individuals receive notice of a protection order being filed against them and are not concerned because they do not wish to have contact with this individual. Having a PO takes away your civil rights such as owning a firearm, can create issues if you run into this person and can affect international travel, you may be stopped and questioned every time you come through customs. Further, this will show up on criminal history searches and can affect employment, housing and other areas. Ms. Gierman will meet with you to discuss the facts of the case, advise you the chances of the judge granting the protection order and represent you in court. She will cross examine the petitioner and prepare you to testify.
Challenging a protection order post issuance
Once an order is granted, there are side effects that can be similar to a criminal conviction. Many times an emotional situation has cooled down over time, one party have moved out of state or the Petitioner no longer wishes to have a protection order. Ms. Gierman can help challenge the protection order and work toward getting it dismissed.
Ex-parte protection order
Before a hearing is ever held, an ex-parte protection order may be granted against the respondent. This is a temporary protection order valid until a hearing is held.
No contact order
A criminal court judge issues a no-contact order. It is similar to a protection order and usually is valid for the duration of a criminal case and is often issued in a domestic assault case. The judge determines what contact is allowed.
Violation of a protection order
Violating a protection order is a criminal offense that carries up to 90 days jail, fines and mandatory counseling for a first time violation. Repeated violations or a violation within ten years of a domestic violence conviction can be charged as Felonies and carry prison sentences. This is a serious offense.
Gierman Law helps with protection orders
Wanda Gierman handles protection order cases from all angles, which makes her extremely knowledgable about all the issues involved. She is a great advisor who helps you prepare for your hearing and is a strong advocate in the court room. Put her knowledge and litigation experience on your side and reach out to her for a free consultation.