Thursday, August 28, 2014

Are you serious? A protection order...


Now, she's gone to far. Attempting to file a motion for a protective order against myself and brother.  There's been no harm nor threats. Where does she come up with this? We just want to see and communicate with him. Were family, right? And families see, speak and enjoy holidays and special events together.. At-least, that was how we were raised.

"Dated May 24, 2013 by Myron L Gookin Judge, 8th Judicial District, he suggested both Misty and Katherine find ways to improve their communication and to allow future reasonable contact between Misty and Jim, as well to promote Jim’s best interests. "

There are two kinds of protective orders. The first is a criminal no contact order, which is part of the criminal case for domestic abuse. When a person calls the police after he or she has been hurt, the alleged abuser may be charged with domestic abuse, and a no contact order, also known as a protective order, may be issued. The no contact order usually lasts until the trial on the domestic abuse charge (or until a plea bargain is reached). The State of Iowa, as represented by the county attorney, negotiates with the alleged abuser or the attorney representing the abuser. Sometimes the no contact order is dropped after a plea bargain is struck.

The other kind of protective order is a civil protective order. Any victim of domestic abuse can obtain a civil protective order by going to the clerk of court and asking for the form for protective orders. You fill out the form, and give it back to the clerk. Then you go see a judge. The judge will see you ahead of regular court business, because of the emergency nature of protective orders. The temporary order granted by the judge will be in effect until a hearing on the case can take place-usually about 10 to 15 days after you first get the temporary order.

Q. Who can get a protective order?
A. The law limits the categories of people who can get a protective order to those in a particular relationship with the abuser. These include a spouse, ex-spouse, people living together at the time of the assault or who have lived together within one year before the assault occurred, persons having a child together, or persons in an intimate relationship (significant romantic involvement that does not have to include sexual involvement).

Iowa Legal Aid: Protection Orders 

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