TEMPORARY PROTECTIVE ORDER (TPO) EXTENSION HEARING DEFENSE

Anyone involved in a domestic relationship is able to obtain a Temporary Protective Order (TPO) against domestic violence without notice to the "adverse party" simply by filling out an application and alleging acts of domestic violence to have taken place against the applicant.

If you are the unfortunate recipient of a TPO, you can find yourself prohibited from coming within 100 yards of your own home!; prohibited from seeing your own children, and many other horrible things, until you are able to have a hearing on whether the TPO should be continued.

When a TPO is granted and served upon the adverse party, that person must obey the TPO or risk arrest and/or contempt of court. At anytime after service of the TPO upon you, with 2 day’s notice to the applicant, you may request that the TPO be dissolved or modified and a hearing will be scheduled as soon as possible. Otherwise, the TPO will expire after 30 days.

Typically, when a TPO against domestic violence is granted, an "extension hearing" is also set. This can be set out as far as 45 days. At such hearing, the applicant must prove that domestic violence or the threat of domestic violence occurred and that the TPO should be extended. The adverse party then has the opportunity to convince the court that the TPO should not be extended or that it should be modified in some way.

Having a TPO against domestic violence against you can affect at least: (1) your ability to enjoy joint physical custody of your children; (2) your ability to purchase, own and/or carry a firearm; (3) your immigration status.

If you have a TPO against you, you need a good attorney experienced with how to defend against these orders so as to protect your rights.