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If you received notice that someone has filed for an Order of Protection against you, the first thing you should do is read the documents carefully and follow all instructions that they give.
The documents you should receive include:
- The Petition for Order of Protection
- The Emergency Order of Protection (if one was entered)
- Any supporting statements and accusations
You must immediately follow the Emergency Order. If you don't, you may be subject to criminal fines or jail time.
The order will give the reasons why the judge granted it. It will list:
- exactly what you are prohibited from doing (for example, not contacting someone, not posting about someone, not being permitted at a residence, etc).
- a future court date, usually in a week or two, and whether that court date is in person or via Zoom.
If you want a quicker court date, you can go to court and file a Petition to Rehear the Emergency Order of Protection. This will get you a court date much sooner.
You can decide whether or not to go to court and argue your side. It is not against the law to not show up. However, the judge will not hear your side of the story and an Order of Protection will likely be entered against you.
Option 1: Do not go to court
You can choose to do nothing if you received notice that someone has filed for an Order of Protection against you.
However, you should know that if you do not show up in court on the date listed in your notice or Emergency Order, a judge will decide the case based on the accuser's side of the story.
If the Order of Protection is granted, you will have to follow it, even though you weren't at the hearing and didn't get to tell your side of the story.
Option 2: Respond to the court papers and participate in the court case
You can have your day in court. You must show up in court on the date mentioned in the papers you received. On that date, you can tell the Judge if you are willing to agree to the Order of Protection or if you would like a hearing to present evidence and your testimony.
You can hire a lawyer to represent you at the hearing and to help you respond to the petition. When possible, it is always better to be represented by a lawyer.
You and your accuser will tell your sides of the story to a judge. You do not have a right to a jury trial in this type of case. You do not have the right to a lawyer.
Your accuser will go first, testifying about the abuse to show that an Order of Protection is needed. After your accuser is done, you will have the chance to present your side of the story, but only about what they testified to. You can bring evidence (such as other witnesses, text messages, voicemails, etc) to support your testimony.
After hearing both sides, the judge will decide whether or not to enter a Plenary Order of Protection against you, which can last up to two years. The judge may do this right away, or may make a decision after a break. The break could take only a few hours or it could take up to a few weeks.
While you wait for a decision by the judge, your accuser may ask the judge to extend the existing Emergency or Interim Order.
Legal Comment
Worried about doing this on your own? You may be able to get free legal help.
Part of the safety and protection library, sponsored by Perkins Coie.
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