Who are the petitioners in an order of protection case?

Petitioners Seeking Orders of Protection The petitioner in an order of protection case is the person requesting a protective order from the court. The petitioner is the victim of an alleged crime, such as domestic violence, domestic battery, sexual assault, or stalking.

What happens if the petitioner violates a restraining order?

The restraining order is also known as a protection order in some states. This prevents the accused from coming near the petitioner; sometimes, the petitioner gets police protection if the case is severe—the court orders to take action against the one who breaks the restraining order.

Can a abuser file for a protective order?

It is not uncommon that an abuser will try to file for a Protective Order against a victim – especially in instances in which the victim may have in the past had the petitioner arrested or had obtained a Protective Order against the petitioner previously.

Can a court dismiss a protective order action?

If it is provable that this is a retaliatory case then it is likely that the DA or the Court system can drop the legal issue or dismiss the Protective Order action.

How do you appeal an order for protection?

The first and perhaps most important step in appealing a restraining order is your initial response to the order. If you receive an order while in court, avoid any emotional outbursts and remain respectful as possible. In many cases, the person filing or requesting an order of protection with the court will do so privately.

Do you need a lawyer for an order of protection?

You do not need a lawyer to file for an order of protection. However, you may wish to have a lawyer, especially if the abuser has a lawyer. If you can, contact a lawyer to make sure that your legal rights are protected.

What happens after you get an order of protection?

Typically, you’ll receive the order of protection itself, a copy of the petition for the order of protection, and a compilation of supporting documents. As soon as you receive the order, you’re bound to abide by it. If you don’t, you could end up in jail or paying fines.

Can you file an appeal on an order of protection?

The answer is that a party who is aggrieved by a final order of protection can appeal the judgment. No appeal lies from an ex parte order, which is not a final determination of the case. The time for filing a notice of appeal is short: The notice of appeal must be filed within 10 days of the date the order becomes final for purposes of appeal.

What are the provisions of an order of protection?

The exact provisions of the order of protection will vary, but could include: No Contact Provision: One cannot contact the petitioner in any way. Peaceful Contract Provision: One can contact the petitioner peacefully for specific reasons, such as to transfer the care of their child.

Can the petitioner contact a respondent in a restraining order case?

Can the petitioner contact a respondent .after having the court place an harassment restraining order on them. I want to learn what if any laws there are regarding contact by the petitioner towards the respondent in restraining order cases.

Do you need an attorney for an order of protection?

Whether you are a domestic violence victim, or have been accused of domestic violence, it is important to contact an attorney for an order of protection case. These cases are very fact-specific, and it takes an experienced attorney to sort through the complexities involved. Your attorney can represent you in court, and advocate for your needs.

Can a judge issue an emergency order of protection?

While a judge can issue short-term emergency orders of protection without the respondent present, the respondent is entitled to notice the order was granted. However, respondents are entitled to a hearing for more long lasting orders of protection. At this hearing, your attorney can defend you against allegations of abuse.