Friday, October 1, 2010

Boise Divorce Attorney Discusses What To Expect if a Protection Order Has Been Filed Against You in a Child Custody Case in Idaho.

While the importance of a protection order cannot be emphasized enough, sometimes in high conflict divorce and child custody cases a parent will file a protection order against the other parent claiming physical abuse or neglect. As a Boise Divorce attorney I often see this done as a tactic to prevent one parent from getting a fair child custody determination. In Idaho the protection order is heard outside the divorce court at a special protection proceeding.
If you find yourself in this situation you need to act fast. In Idaho the consequences of blowing off a child protection hearing are huge and can have lasting effects on your child custody rights. You have a small window of time to get all the necessary paperwork filed and to the court and you MUST show up at the evidentiary hearing. This is your opportunity to cross examine the party claiming abuse or neglect and employees of the state authorized child welfare office, CARES. If you want to cross examine the witnesses, which you almost always have to do, you need to file a 24 hour notice with the court of your intent to do so. This is where you need the help of an experienced Boise Divorce Attorney, because you cannot afford to mess this up.
Child custody in Idaho should be should be determined fairly and in accordance with the best interest of the child. When child custody is falsely taken out of the divorce court no one wins.

For more information concerning divorce, child custody and child support, contact Boise Divorce Attorney, Patrick Kershisnik at (208)472-2383 or visit his him on the web at
http://www.lawboiseid.com

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