Why It Is Important to Work With a TPO Lawyer
If you are involved in a case that involves a TPO, it is important to have a trusted family lawyer to assist you with the process. Jaymie Mitchell can help you navigate the judicial system and fight for your rights.
TPOs are obtained through a court order that restricts how another person can communicate with you, be in your presence or engage in other activities. TPO hearings are often held in sensitive matters, such as divorce or custody disputes. Learn more.
1. Experience
Jaymie Mitchell has extensive experience in matters involving Temporary Protection Orders (TPO). These are serious matters that involve not only your safety, but also the rights of another person. They cannot be navigated alone. It is a highly sensitive and emotional process, and should not be taken lightly.
Often TPO cases involve those who are involved in domestic relationships, or have been in the past. In these situations, a TPO can be issued to mitigate any potential harm from harassment, stalking and/or violence.
The TPO will usually last for 2-3 weeks until a hearing is scheduled. This is where both parties will be able to present their argument on whether the TPO should continue for several months or even permanently in extreme circumstances. The petitioner has the burden of proof to show that a crime has been committed and that the allegations are true, so it is important to gather evidence. This includes eyewitness testimony, photographs, medical bills and other relevant documents.
2. Reputation
Whether you are seeking a TPO or disputing one, it is important to work with an attorney. The court takes these matters seriously and violating the terms of a TPO can lead to fines or jail time. Often, TPOs are requested or disputed in sensitive legal matters such as divorces or disputes over custody of children.
TPOs are similar to restraining orders in that petitioners must allege specific facts and circumstances constituting acts of family violence or stalking, as well as the likelihood that such acts will occur again. In order to obtain a TPO, the petitioner must also demonstrate by a preponderance of the evidence that such acts have occurred or that they are likely to occur.
The formal hearing in which a judge decides whether to grant the TPO is governed by the rules of evidence, a complex set of laws that should not be taken lightly by the petitioner. During this process, the petitioner will bear the burden of proof, and both sides will have the opportunity to present evidence through case-in-chief and sur-rebuttal cases.
3. Fees
A TPO is a formal court order and carries serious penalties for violations, including jail time. You should treat it seriously and immediately consult an experienced attorney. Generally, you will have less than 30 days to prepare for the full evidentiary hearing at which your lawyer will present evidence in your defense. During this time, you should gather all evidence that supports your side of the story such as photographs, videos, text messages, emails, police reports, GPS records, and phone records.
The TPO process can be arduous and difficult to navigate alone. A caring and experienced family law attorney is essential to your success. Jaymie Mitchell and her team are here to help strengthen your case and assist with the judicial process. Call and schedule your consultation today. We are dedicated to providing you with the best representation possible. We understand how emotional and stressful these cases can be, and we will do everything possible to ensure that your rights are protected.
4. Time
A tpo attorney must be ready to devote the time needed to your case. This is especially true for those who are seeking to gain a TPO against someone, or who find themselves under a TPO themselves. If you are not prepared to present the facts and evidence to a judge in a timely manner then it may not be possible for your TPO request to succeed. TPOs (also known as ex parte orders) are a serious matter and can impact your life, your family and your children.
The initial order lasts for 30 days and then a formal hearing will be scheduled at which time you will be allowed to present your argument as to why the court should continue or drop the TPO. It is a good idea to keep a copy of the TPO with you at all times so that you can hand it over to law enforcement if necessary. It is also a good idea to read it thoroughly so that you are familiar with all of the terms.
