This is the next post in our series on how Temporary Protective Orders impact family law cases in Little Rock and elsewhere in the state of Arkansas. Our last article explained the need to defend against a Protective Order which is based on false allegations. Unfortunately, parties sometimes make false claims as part of trying to gain an advantage in divorce or child custody proceedings. It is important to take such claims seriously, even if they are false. Retaining an experienced attorney is an important step towards ensuring that your rights remain protected. In this article we will discuss how parties should conduct themselves after a TPO has been issued. If you or a loved one are in need of assistance then contact our office today to speak with a lawyer.
If a Protective Order has been put in place, against a person, then that individual must refrain from all contact with the complaining party. Contacting the person, or going to their vicinity, can result in criminal charges and incarceration. The prohibition against contacting someone does not only apply to face-to-face interactions. One may not call, text, email, or otherwise initiate communication with the other party. Also, they may not have others contact the person on their behalf. This means, for example, that a restrained person may not have a friend or family contact a complaining party for the purpose of relaying a message. If the parties are involved in child custody proceedings, then violations of a TPO can result in the Court granting custody to the complaining party. Depending on the circumstances, the Court may order that the restrained person’s visitation with their children be supervised. How the Court will rule, however, will always depend on the specific facts involved in your case.
A party who has received an Order of Protection, in their favor, must not initiate contact with the restrained party. Initiating such contact, in any way, can result in the Court subsequently dismissing the Protective Order. This is due to the fact that when a party is requesting a TPO, they are essentially saying that they want no contact with the other side. If the requesting party were to then initiate such contact, then it would send a message that one is, in fact, not afraid for their safety. In Order to ensure that the Protective Order stays in place it is, therefore, important to avoid all contact with the other side.
If you are involved in a family law matter, which involves a Protective Order, then contact our office today to speak with a Little Rock TPO lawyer. Our attorneys will make themselves available to address any needs or questions you may have. This, in turn, will help to ensure that you navigate the process in an appropriate fashion. Our firm is based on the idea that everyone is entitled to aggressive representation and respect. We pride ourselves on providing quality service and we are ready to assist you. Contact us today. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff and throughout the rest of Arkansas.