WHAT THE BUSINESS OWNER/MANAGER MUST KNOW ABOUT THE EXPANDED CIVIL PROTECTION ORDERS LAWS – PART ONE

Oh No!  What happens when my employee/self is involved in a DOMESTIC VIOLENCE/CIVIL PROTECTION court proceeding?

Short Answer:  A lot
Long, But Necessary, Answer:  Please read!
 
Years ago, legal minds (legislature and judges) decided that the criminal law and its procedures were insufficient to protect those who claimed to be victims of domestic violence.  Thus, the legislature created a set of laws known as a domestic violence civil action.  This statutory scheme is designed to provide a prompt and speedy (judicially speaking, of course) remedy to those who have made claims of domestic violence or even just the threat of domestic violence.

The term “domestic” can be broad and involve your past, so you need to know who can be a “domestic partner”.

Yet, persons can also claim to be crime victims in other areas where they believe they need an immediate court order for their protection.

THEREFORE, the legislature has created yet another set of laws known as “Civil Protection Order.”

These statutes allow a person to file with the Court claims that anyone (not just a “domestic partner”) has committed acts of “malicious harassment,” “stalking,” or electronic communication harassment. 

BAM without prior notice to your employee, the Court can impose a no-contact order against your employee.

SOOOOO . . . What happens when your employee has been served with one of these Court orders?

First, your employee must make court appearances on very short notice. 
Second, your employee should (must?) find an attorney to represent him/her in the court proceedings.  (Have you ever tried to find a lawyer who has availability and can be prepared for a contested court proceeding on two days’ notice?)

Third, your employee must decide if he wants to testify before having the benefit of
1. adequate counsel
2. reviewing police reports, recordings and other evidence
3. adequate time to interview and subpoena witnesses

Should the person responding to a claim under these statutes testify in the civil proceeding, the words can (and will) be used against him/her in a criminal proceeding should one be filed.

OKAY HATED LAWYER, why do I care about this Civil Protection stuff for my employee?

Stay tuned until the next post and you will find out.

 TO BE CONTINUED . . .

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