Can the protected person contact the respondent?

Can the protected person contact the respondent?

while a victim may have genuinely consented to contact with the respondent of a protection order, such consent can never be taken to extend to physical or non-physical violence or abuse committed in breach of the order.

How do you beat an order of protection?

To get the order terminated, you need to file a motion. Once you’ve filed the motion, a hearing is held within a week. During this period, it’s critical to avoid violating the restraining order as this could worsen your case in court. Make sure to obey the order until it has been lifted.

What happens if someone doesn’t respect a restraining order?

There are many different types of restraining and protection orders which a court can make that orders one person to have no contact with another person. These are called ‘non-contact orders. ‘ If the other person disobeys these orders, there may be civil or criminal penalties.

What can I expect at an order of protection hearing?

Usually at a contested hearing, the Petitioner will testify first, then the Respondent can ask questions. Afterwards, the Petitioner can bring in and question witnesses. The Respondent can then question those witnesses. After the Petitioner’s witnesses testify, the Respondent may testify.

How do you fight an order of protection?

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to “dissolve” (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

How do you convince a judge to drop a no contact order?

Write the reasons you want terminate the order. You may want to keep the order but ask that certain parts of it be dropped. You can ask that the “stay away” and “no contact” parts of the order be dropped, but still keep the parts of the order that say the other person can’t abuse you.

How do no contact orders work?

A no contact order usually instructs the defendant not to have any in-person contact with the alleged victim. The defendant is instructed to stay a minimum number of feet away from the victim’s place of residence, employment and known areas that he or she frequents.

Should you get a lawyer for a protective order?

There is no fee to file for a restraining order or to have it served. You do not need a lawyer to file for an order but it is generally better to have one if you can, especially if the abuser has an attorney. In many places, local domestic violence or sexual assault programs can help you file for a restraining order.

Do I need an attorney for a protective order hearing?

Do I need an attorney? You do not need an attorney to get an Order of Protection. But it may help you to talk to an attorney before you file a petition for an Order of Protection. It may help you to talk to an attorney before your hearing or to have an attorney help you at the hearing.

Can you contact a person you have an order of protection against?

You can contact the abuser you have an Order of Protection against. The order only forbids actions by the abuser. It does not forbid your actions. However, such contacts may result in unintended consequences. The judge may have concerns about your reasons for getting the order and whether you really need the court’s protection.

What to do if someone files a restraining order against you?

If someone has wrongfully filed a restraining order against you, you must seek immediate legal representation. A protective orders attorney will help you present a defense against the false allegations. Contact The Ault Firm today to work with an experienced protective orders attorney.

How long does an order of protection last?

A temporary order of protection generally lasts for roughly two weeks before a court date during which the court will determine whether or not a final order of protection should be put in place. The exact provisions of the order of protection will vary, but could include: No Contact Provision: One cannot contact the petitioner in any way.

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.