“My inlaws approached me at a soccer game in Ontario County and I asked them to leave me alone. I was forced to take my children and leave the game. The Canandaigua Police say call Ontario County Family Court to get an order of protection, but the Family court didn’t grant the order of protection. What’s going on?”

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In an Article 8 proceeding, an ex parte temporary order of protection may be granted “for good cause.” The petition must aver facts, not conclusions. Once granted, the order expires on the hearing date following service of the summons upon the respondent, unless it is continued.

An ex parte temporary order of protection just means that you are requesting the order without the other party having notice of the request.

Based on the limited facts you have pointed out, it seems the court, for whatever reason, did not find “good cause” for the temporary order. Often, Family Courts are criticized for handing out too many orders of protection without engaging in the necessary fact finding. However, in this case, that criticism obviously does not apply.

When you filed for the order of protection did you include facts that would show that you have good cause for the order being granted? It is very important to really flesh out the facts and emphasize why the order of protection is necessary. Without additional facts, it is difficult to determine why the court ruled against granting the order in the case you have described.

I wish you the best of luck and encourage you to talk to an attorney for help. This is obviously not legal advice.

One thought on ““My inlaws approached me at a soccer game in Ontario County and I asked them to leave me alone. I was forced to take my children and leave the game. The Canandaigua Police say call Ontario County Family Court to get an order of protection, but the Family court didn’t grant the order of protection. What’s going on?”

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