Filing Emergency Protection Order

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Summary

In North Carolina, its advisable to disclose all relevant facts when filing for a protection order. Even if DSS claims are unsubstantiated, you can still file for an Emergency Protection Order if you believe your child is in danger. Include all available documents and details about any pending cases, such as those in Ohio. The court evaluates each case individually, focusing on the childs safety. Consult a legal professional for guidance.

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Do I have to tell Mecklenburg County that my DSS case is unsubstantiated when I file for temp protection order for my daughter?
Hello ****, in North Carolina, it's generally good practice to disclose all relevant facts when filing for a protection order. However, it's advisable to consult a legal professional for your specific situation.
But I have my daughter interview reports stating that she was abused
Hello ****, the interview report can be strong evidence in your case. However, it's crucial to:
- Consult with an attorney.
- Report the abuse to local law enforcement.
- Present the report when filing for a protection order.
Would they grant it even if the findings are unsubstantiated?
Hello ****, while the court examines all evidence, they can still grant a temporary protective order even if DSS findings are unsubstantiated. However, the decision ultimately depends on the judge's assessment of the situation. It's best to present all relevant information and consult with a legal professional.
So I can go tomorrow and file for temp order even though the father filed motion to modify and show cause for with holding daughter in Cuyahoga
Yes, ****, you can file for a temporary protection order even if the father has already filed a motion. Here are some important points:
- Each case is evaluated individually.
- The judge's decision will be based on the evidence you provide.
I encourage you to consult with a legal professional.
Is the temp restraining order usually granted same day?
Hello ****, the issuance of temporary restraining orders varies by jurisdiction. In Mecklenburg County, NC, a judge may grant it on the same day if they deem the situation an emergency. However, it's advisable to consult with a local legal professional for precise information.
How will the temp restraining order affect the Ohio case
Hello ****, a temporary restraining order from North Carolina could potentially influence the Ohio case by demonstrating your concerns for your daughter's safety. However, the exact impact would be:
- Decided by the Ohio court
- Depends on how the facts are presented and interpreted
Consult a legal professional for specifics.
If the temp restraining order is granted what happens if it is not held permanent does that affect the validity of my concerns?
Hello ****, if a temporary restraining order is not made permanent, it doesn't necessarily invalidate your concerns. It just indicates that the court didn't find sufficient grounds to extend it. Key points to remember are:
- Your concerns remain valid.
- You can reapply if new evidence emerges.
- Consult a legal professional for advice.
Thank you
You're welcome, ****. If you have any more questions, feel free to ask. It's crucial to consult with a legal professional to ensure your rights and your daughter's safety are protected. I wish you all the best.
How to file temp restraining order on behalf of my 4 year old in Mecklenburg county
To file a temporary restraining order in Mecklenburg County, follow these steps:
*. Download and complete the Complaint and Motion for Domestic Violence Protective Order (AOC-CV-*).
*. Include all relevant details, such as the abuse report of your daughter.
*. File the completed form at the Mecklenburg County Clerk of Court.
*. Attend the hearing scheduled by the court.
Remember to consult with a legal professional for advice.
Will the perp be at that hearing?
Hello ****, yes, the alleged perpetrator may be present at the hearing. However, the court ensures safety measures are in place. If you feel uncomfortable, consult with a legal professional or court officer beforehand to discuss your concerns.
Would they have the hearing same day?
Hello ****, it's possible for a hearing to be held on the same day you file the Temporary Restraining Order in Mecklenburg County, NC, especially in emergency situations. However, this can vary and it's best to consult with a local legal professional for accurate information.
What is emergency situations
Emergency situations, in a legal context, often refer to circumstances where immediate legal intervention is necessary to prevent harm or risk to an individual. Examples could include domestic violence, child abuse, or immediate threat to one's life or safety. Consult a legal professional for specifics.
So I could file emergency protection order for child abuse if I already contacted DSS
Yes, ****, you can file for an Emergency Protection Order in Mecklenburg County, NC, even if you've already contacted DSS. Remember to:
- Include all relevant evidence, like reports or interviews.
- Consult a legal professional beforehand.
- Understand that the court's decision depends on the judge's assessment.
OK what is the emergency protection order form
The form for an Emergency Protection Order in Mecklenburg County, NC, is the "Complaint and Motion for Domestic Violence Protective Order" (AOC-CV-*). You can find this on the county's official website or at the local courthouse. Remember to consult with a legal professional.
What if DSS says the claims were unsubstantiated?
Even if DSS claims are unsubstantiated, you can still file for an Emergency Protection Order if you believe your child is in danger. Key points are:
- The court evaluates all evidence separately.
- The judge's decision depends on their assessment.
- Consult a legal professional for guidance.
What if there is a pending case in Ohio where I initially filed for Jurisdiction Change then the father followed that up with filing a motion for modification then the father filed a motion to show cause after that. Can I still file my emergency protection order here in Mecklenburg County if I feel my daughter is in danger?
Yes, ****, you can still file an Emergency Protection Order in Mecklenburg County, NC, regardless of the pending case in Ohio. Remember:
- Each case is evaluated individually.
- The court's primary concern is your daughter's safety.
- Consult a legal professional for guidance.
Do I need to put that there is a pending case in Ohio when I file my emotion protection order?
Yes, ****, when filing for an Emergency Protection Order in Mecklenburg County, NC, it's advised to disclose all relevant information including any pending cases in other jurisdictions, such as Ohio. Consult a legal professional to ensure all details are properly presented.
Will they deny it if I mention this?
The court will not necessarily deny your request for an Emergency Protection Order just because there's a pending case in Ohio. Key points to remember are:
- The court evaluates each case individually.
- The judge's decision depends on the presented evidence.
- Consult a legal professional for specific advice.
I am really concerned about my daughters safety.
I understand your concerns, ****. It's crucial to take immediate action if you believe your child's safety is at risk. In Mecklenburg County, you can file for an Emergency Protection Order. While the court considers all factors, the primary concern is your child's safety. Please consult a legal professional for guidance.
How do I tell them about the pending Ohio case
When filing for the Emergency Protection Order in Mecklenburg County, NC, include the details of the pending Ohio case in the appropriate section of the form or in an attached document. Be sure to consult with a legal professional to ensure all details are properly presented.
I dont have any details/documents from Cuyahoga county except the preliminary hearing notice and that I filed jurisdiction change, then the father filed motion to modify then yesterday he file motion to show
Hello ****, it's important to include all available documents and details about the Ohio case when filing for the Emergency Protection Order in Mecklenburg County, NC. If you lack certain details, you may ask the court in Ohio or consult a legal professional for advice on how to proceed.
cause
****, you can still mention these details when you apply for the Emergency Protection Order. Key points are:
- Clearly outline what you know about the Ohio case.
- Consult a legal professional to ensure your application is adequately prepared.
Should I include that there was a detective on the case too however, the detective has to mark it inactive until further evidence is available. The father canceled the interview with the detective. So detective has nothing else to work with at this time
Yes, ****, including information about the detective's involvement can be helpful. Key points to consider are:
- Disclose all relevant facts.
- Ensure your concerns are well presented.
- Consult a legal professional for guidance.
Do I provide names of both detective and DSS counselors?
Yes, ****, it's recommended to provide the names of both the detective and DSS counselors involved in your case when filing for an Emergency Protection Order. This information aids the court in understanding the full context. Always consult a legal professional for advice.
So just be clear I still have a chance of getting this granted even though the detective and the counselor did not have substantial evidence
Yes, ****, you still have a chance of getting the Emergency Protection Order granted. Remember that:
- The court considers all evidence and circumstances.
- Your daughter's safety is the primary concern.
- Consult a legal professional for advice.
Do I need to file for a temp restraining order for myself too or just my daughter?
****, if you also feel threatened, you can file a temporary restraining order for yourself along with your daughter. Key points here are:
- Protect yourself if necessary.
- Consult a legal professional.
- The court evaluates each case individually.
I don’t have any evidence of recent DV or abuse for myself
Even without recent evidence of personal abuse, if you feel threatened, you can still file a temporary restraining order for yourself. It's crucial to:
- Prioritize your safety.
- Present all available evidence.
- Consult with a legal professional.
What if I was recently involved with him to ensure safety of my child but I am fearful of him due to past trauma and acts of violence against me
****, if you fear for your safety due to past trauma and violence, it's valid to seek a temporary restraining order. Keep in mind:
- Past incidents can be included in your application.
- Your safety is paramount.
- Consult a legal professional for guidance.
Do I file separate orders? One for myself and the other for my daughter?
Yes, ****, you will need to file separate orders: one for yourself and one for your daughter. Please remember:
- Each case is evaluated individually.
- Prioritize both your safety and your daughter's.
- Consult a legal professional for guidance.
If I already have full custody, do I need to fill out number * on page * of AOC-CV-*
Yes, ****, even if you have full custody, you should fill out question * on AOC-CV-*. It asks for details about current custody and visitation orders. Remember to:
- Disclose all relevant information.
- Consult a legal professional to ensure accuracy.
Do I need to fill out question * if I felt threatened in the past and have pored of patterns of violent behavior form defendant against me but I nothing recent but I am more concerned about my child but I am now in distress because of what he did to my child?
Yes, ****, you should fill out question *. It's crucial to include all relevant past incidents to provide a complete picture of the situation, even if they're not recent. Remember:
- Disclose all incidents, including past threats.
- Consult a legal professional for guidance.
Should I reference the prior temp order I had on the Defendant? Although it was granted permanent?
Yes, ****, you should reference the prior temporary order, even if it became permanent. This information helps establish a pattern of behavior. Remember to:
- Disclose all relevant information.
- Consult a legal professional for guidance.
Sorry I meant it was not permanent it was temporary only
Yes, ****, you should still reference the prior temporary order. It provides context to the court about past concerns. Remember:
- Disclose all relevant past orders.
- Consult a legal professional for guidance.
Can I just reference the case number since same court? Or do I need to outline what was said in that filing too
Yes, ****, you should reference the case number and also outline key points from the previous filing. It helps the court understand the context better. Consult a legal professional to ensure all details are appropriately presented.
Ok but will it be clear that this is specifically related to my child?
Yes, ****, when filing the order, you'll specify that it's for your child's protection. Key points are:
- Clearly mention it's for your child's safety.
- Include all relevant evidence.
- Consult a legal professional for precise wording.
I’m more concerned with her safety
I understand your concern, ****. You're doing the right thing by seeking an Emergency Protection Order for your child. Remember to:
- Clearly express your concerns about your child's safety.
- Provide all relevant evidence.
- Consult a legal professional to ensure your application is robust.
Do you think number * s the best place to express that?
Yes, ****, section * of the form AOC-CV-* is a suitable place to express your concerns about your child's safety. Remember to:
- Include all relevant details.
- Consult a legal professional for advice.
Thank you!
You're welcome, ****! If you need more information or have further questions, don't hesitate to ask. Remember, it's crucial to consult with a legal professional to ensure you're taking the best steps for you and your daughter's safety.