Family proceedings consist of different procedures. During your family case, there is an extremely important procedural moment, called discovery or discovery of evidence. During this procedural moment, both parties must provide evidence pertinent to the case. In another blog we explained that an important part of this process is Mandatory Disclosures. But you could also request, or the other side could request that you send certain documents, that you respond to interrogatories, that you submit to depositions, physical or mental analysis, or other forms of discovery of evidence. In today's blog we are going to be explaining what protective orders consist of during the discovery of evidence in family cases.
During the time of obtaining evidence, you can and must request and deliver to the other party, all documents, information, evidence, and other means of proof that have a connection with the process. Failure to provide this information could lead to sanctions from the family court. If for any reason you cannot provide this evidence, it will be necessary for you to seek a protective order.
Despite their name, these protective orders are not orders aimed at protecting a person in cases of domestic violence, for this there is a different process, therefore, they should not be confused. These orders are used to prevent the other party from obtaining information that is privileged, confidential, or because soughing this evidence is done with the objective of annoying, embarrassing, oppressing, or causing discomfort and damage both in the emotional sphere, as well as in the financial of the person who is obliged to deliver them.
These protection orders must be requested by one of the parties to the court. The request must contain the reasons why the party that must provide the evidence cannot do so, and must offer alternative methods of obtaining it, if possible.
In family cases, these orders are especially used if the information being requested is of sensitive content, both for the parties and for minor children, if they exist. It is not possible to use these orders to hide or conceal information from the other party, but this mechanism must be used when there really is a valid reason for not providing the other party with the information that they are requesting.
Family processes are not only complex, but they are also highly emotional. If you need help with yours, don't hesitate to call us today. The first consultation is free. In Y. Morejon Attorney, P.A. We offer you the personalized treatment that you and your case deserve, because here, your problem is our problem.