Case Study: Impatient Parents
An order of protection refers to the legal document, which protects an individual from an abuser after being abused or when afraid of being abused (Legal Assistance of Western New York, 2016). The order restrains the abuser in this case from staying near the girl, her home, school and other personal places she may be visiting as acquired by the law, as well being near the girl in any other way.
In this case, the parent of the girl is very impatient even after meeting the school resource officer (SRO). She is warned against going to the judge until sufficient evidence has been collected. The boy has not yet been arrested since the order is yet to be served by the police. The parent has disregarded the advice and sought the assistance of the judge where an order has been granted. According to Legal Assistance of Western New York (2016), it is advisable that the attorney ask first for a warrant of arrest before any proceedings. It is after listening to the case that the court can determine the kind of protection the girl acquires.
As an assistant principal, i need to notify the parent of the boy since he is a minor and he may have to attend court processions accompanied by an adult. the girl’s parent did not have sufficient evidence, failed to respect the directive given concerning servicing of the order and hence cannot serve the boy and send him home immediately. Furthermore, both groups have not been heard and the extent of danger determined by the detectives. Since the boy was not initially served with a court order and a warrant of arrest before being served with the protection order, the parents are at liberty of changing the of order protection after seeking the court order. A modification petition can be made since the correct court procedures were not followed in handling the case initially and that no evidence has been collected to ascertain the restriction of the order.
Reference
Legal Assistance of Western New York. New York Order of Protection fact Sheet. 2016
http://www.lawny.org/index.php/family-self-help-140/other-family-law-self-help-75/76-orders-of-protection-fact-sheet