Protection from Abuse Order in Delaware

Protection From Abuse Agreement Attorneys DelawareThe purpose of a protection from abuse order in Delaware is to protect someone based on fear of injury or complaints of physical abuse. This type of restraining order can be issued against a family member or a person an individual has had a significant personal relationship with. Because most situations that require a PFA are very serious, it's crucial to have an experienced family and domestic law attorney.

Rahaim & Saints can help an individual file for this form of protection. They can also help someone who has been unfairly accused of violating a protection from abuse order Delaware. In either situation, you can count on the Rahaim & Saints team to fully defend your rights and best interests.

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Filing a Protection from Abuse Order With A Delaware Lawyer

There can be two stages involved in filing a protection from abuse order Delaware. The first stage is an emergency order. The purpose of this order is to protect a spouse and/or children from any immediate danger. This type of order can be based on perceived threats or actual acts of mental, emotional or physical abuse.

Once a temporary order is filed, the person it's filed against can be removed from the home they share with their spouse and children. Additionally, that individual will be instructed not to have any contact with the people protected by the order. In most cases, an emergency order is granted instantly. That means the person being accused of abuse doesn't get to have any say at that stage.

Because of an emergency PFA order is granted so quickly, a hearing will take place before a ruling on a permanent order is made. The hearing is generally held within about a week of the emergency order being granted. During this event, the court will hear from both parties involved in the filing. The accuser will have an opportunity to present any evidence of threats or abuse. And this is when the person being accused will have an opportunity to respond to any allegations and actually contest the protection from abuse order Delaware.

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Both Parties Have Rights

In most cases, a protection from an abuse order in Delaware is used to protect both adults and children from serious threats to their safety. That being said, there are cases where an individual may use an emergency PFA as a way to punish their partner or get back at them.

Because the effects of a permanent PFA are significant, if you believe a temporary order filed against you was done on a wrongful basis, you need a lawyer who can fight against the allegations and prevent this type of order from being issued.

If you're involved on either side of a PFA case and want to speak with an experienced Delaware family law attorney, call Rahaim & Saints at 302-892-9200 or 302-832-1800.