Defining Emergency Protection Orders

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Emergency Protection Orders are orders issued by the court to protect the child from imminent or ongoing risk of emotional, mental, or physical harm that warrants the exercise of emergency action. Emergency Protection Orders can last for a maximum of eight days, save for certain exceptional circumstances.

Anyone can initiate the filing of an emergency protection order if they know that a specific child is in imminent danger. Say, for instance, any family member who is worried that his niece is abused by her mother. That person could file a petition for the issuance of an emergency protection order. The local authorities usually make a vast majority of these applications. However, this doesn’t bar the NSPCC or police from applying. 

When the petition is launched, the applicant is tasked to notify the child’s parents a day before the actual petition filing. Such notice is immaterial and is dispensed of when the child is in a difficult situation. These instances include where the child is under threat, or there’s a high chance that the parent will flee without permission with the child. The EPO gives authority to the applicant to take the child away from his home, or stop his removal from a medical facility or any safe place. 

What will happen if the EPO is issued?

When the court grants the EPO issuance, they may also allow the local authorities or police to enter the child’s home and search for him. Aside from this, the court can also issue a warrant directing the police supporting social services to assist when the local authorities are refused access to the child or entry to his home. Anyone who will prevent the police or local authorities from carrying out the order and their functions will be held liable. 

If you’re the parent who received the notice of the petition for an EPO, or if your child is the subject of an EPO, you should seek help from a lawyer the soonest time possible. If your child is not a victim of abuse, or if he’s not in clear and imminent danger, it’s right that you quash the EPO application as soon as it’s lodged. 

How can legal aid solicitors help you in this case?

When social services are applying for the issuance of an emergency protection order to protect a child, legal aid is mostly automatic. This service is also available for the child’s family member, but the case’s strength and means of the applicant’s family member will still be checked before they are granted legal aid. 

Once the legal aid Solicitors take over your case, they’ll be the ones responsible for representing you in all the aspects of the EPO issuance and enforcement. They will ensure that the law is observed and that the child’s interest and safety are secured. 

If you need help in securing or quashing an Emergency Protection Order, the best course of action is to work with a seasoned and expert Solicitor. You’re not just legally represented with them, but you’re also assured that your version of the story is heard. 

January 18, 2021 · Tim Kevan · Comments Closed
Posted in: Uncategorized