Frequently Asked Questions

Q: What can I do if an order of protection prevents me from going to my own residence?

A: Protective orders can sometimes lead to an unjust result. For example, a homeowner who has permitted a guest to live within his house may find himself without a residence if the guest obtains a protective order granting exclusive use of the home. The homeowner has a right to challenge the order, but must be prepared for nuances of the law and overlapping issues involving the protective order and possibly landlord tenant rights. It is important to have quality legal representation who understands these issues and can protect your rights.

Q: I work a job as a health care professional and was recently arrested. What should I do?

A: Being arrested for a crime can lead to life-changing circumstances. Besides the potential for criminal prosecution, a person may also face the prospect of losing their professional license. This could result in a loss of employment which is devastating and perhaps a career killer. However, people have rights to defend against an agency’s efforts to suspend or revoke their professional license. Knowing those rights and effectively presenting your case is best accomplished through the services of a knowledgeable attorney.

Q: I fought my case involving an order of protection and lost. I did not have an attorney during the hearing and the judge cut me off and did not want to hear all of my evidence. What can I do now?

A: Your only legal remedy is to file for an appeal. It is unfortunate that you did not have an attorney representing you at your hearing. Often an unrepresented party may not understand the law and legal issues that present in the case. An attorney is educated and trained in this process. You may believe something to be important, but the judge may see it as being irrelevant. An attorney can review the record of the hearing to determine what, if any, legal issues can be raised to support an appeal. As an aside, often it is more expensive to hire an attorney for an appeal than for the original hearing itself. And, chances of winning an appeal are typically small. Bottom line … it is best to have an attorney when you are litigating an order of protection case.

Q: I hired an attorney to represent me and he did a poor job in court. He did not look like he knew what he was doing and I lost my case. What can I do?

A: When you lose your case the legal remedy is to file an appeal. The appeal is based upon the evidence presented and legal rulings by the court. Bad lawyering is not typically an appealable issue. It is best to search for and retain a well qualified attorney to represent you in your case. Attorneys are not like buying a gallon of milk at the store; they are not all the same. And, getting the cheapest lawyer in town is unlikely to provide you your best result. In your search for counsel, make sure you ask questions and are satisfied the attorney is competent in the subject matter and you are confident they will fight for your case.