Family Law
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Family Law
Emergency Protective Orders (EPO/DVO)
In the event that a person has been the victim of domestic violence, he/she can file a Petition for an Emergency Protective Order (EPO), which results in a hearing to determine whether a long term Domestic Violence Order (DVO) will be issued by a judge. In these hearings, the judge must determine whether an act of domestic violence has occurred in the past and whether it is likely to occur in the future.
If the court determines that it is necessary to issue a DVO, the judge can decide whether to issue the order of protection to last from any length of time up to a maximum of three (3) years. At the end of that period, the protected party may move to extend the DVO by filing a Motion before the court that issued the order.
If a DVO is issued, the party against whom it is issued will be charged with a crime, a misdemeanor, if alleged to have violated the terms of the DVO.
Divorce
Getting a divorce is never an easy decision. More often than not, divorces are complicated, stressful and timely. Let our experienced attorneys get you divorced as efficiently and amicably as possible. Whether you want to initiate the divorce, have been served with divorce papers, or it is a mutual decision, let us help you get what you deserve. Whether it be custody, child support, property, assets, or other matters, we will work to get the divorce final in an efficient and economical manner.
Cabinet for Health & Family Services (CPS –Child Protective Services)
Cases initiated by the Cabinet for Health and Family Services, often referred to as "CPS" or "The Cabinet" are called Dependency, Neglect, and Abuse Actions.
The Cabinet is called to investigate cases involving the circumstances of a child's upbringing like lack of basic needs--plumbing, food, electricity, exposure to domestic violence, etc.... The Cabinet is also charged with investigating cases in which a parent or guardian intentionally or recklessly harms, or poses a risk of harm to, a child. Examples include physical abuse, failure to provide medical care, drug use during pregnancy, etc....
The primary focus of The Cabinet is to provide a safe environment for the children of the Commonwealth. While the goal of the system is reunification through education and providing services to the family, it may be necessary that a child be removed from a parent. In most cases, removal is only temporary since the goal is always to reunite the family. However, the removal could become permanent if the parent is uncooperative with the Cabinet and the court orders.
If you would like more information on divorce and child custody, wills, powers of attorney, trusts or probate law, contact our family law attorneys today. We are here to help.
Robert W. DeWees III
Robert W. DeWees III is a member of the McClain DeWees, PLLC and practices in real property litigation, business litigation, collections, bankruptcy, civil litigation, and family law .