Friday, June 19, 2009

Order of Protection - an example of how they start

I have recently been seeing many exparte orders filed right before or along with the divorce filing -- especially when the parties have one or more child. It's truly saddening.

Here's a rather typical scenario: John and Mary decide to divorce. Mary wants the house and kids. Mary and John have an argument. Mary calls the cops. Mary says she's scared. John says he didn't do anything. The police officer tells John he needs to leave for the night.

Next day: John comes home. Mary doesn't want him there. She drives up to the local courthouse and files an ex parte petition asking the court to keep John out of the house because she says she needs to be protected from him. She also asks the court to give her custody of the children, child support from John, possession of the house even though she wants John to continue to pay the mortgage. She even asks the court to order John into counseling.

When John arrives home after having been asked to spend the night elsewhere by the police, should he pack his clothes up and put them in his pick up truck? Should he pack up his shaving kit, his hunting rifle and his tools and put them in his pick up truck?

There is a knock at the door. The police have come to serve John with the ex parte order. John answers the door - Mary is still not home. The police serve John the order and tell John to leave the house immediately. If he's lucky, they will allow him to pull together a few things (e.g. underwear and socks) to take with him (the hunting rifle won't be one of the things the police will allow John to take). If he's not so lucky to be allowed to collect socks and underwear, the police will just tell him to leave.

Once the police serve the ex parte order and escort John from the home, he won't be able to come back until the court says he can come back. He won't be able to get any of his personal belongings until the court says he can get them.

Perhaps even more important than socks and underwear, John won't be able to see his kids until the court says he can see his kids.