In dissolution and family law matters, issues pertaining to Civil Domestic Violence Protection Orders will frequently arise. These are often a separate action, distinct from a pending dissolution or other child custody matter. These cases are difficult because the Petitioner’s burden is significantly lower than in a criminal case. The Petitioner need only be 51% right for the order to be issued. This creates a major dilemma for parties and a need for counsel as such protection orders can affect your parenting plan and the eventual outcome in your divorce.
Our Approach. Given the importance of these proceedings, the team at Chin Legal Group, PLLC approaches these matters in a unique and specialized way. Given Michael Chin’s background in family law proceedings and Lucas McWethy’s background in criminal law, all Civil Protection Order matters are approached by Mr. Chin and Mr. McWethy in tandem. This provides the client with the benefit of a family law attorney preparing the written response and criminal law attorney arguing the hearing and other court proceedings. Looking at these matters from both a criminal law and family law perspective gives the client a distinct edge in litigation. Further, this “tag-team approach” provides the client with an understanding of both the potential criminal and family law ramifications to these proceedings.
Unlike the initial protection order hearing, it is the burden of the offending party to demonstrate that the order should not be renewed. This can often be difficult to prove. Let the team at Chin Legal Group assist in dismissing a protection order. The team at Chin Legal Group can provide the client with a detailed strategy and plan to beat a renewal action.
Contact Chin Legal Group, PLLC a minimum of 30 to 45 days prior to the date of the restraining order being lifted.