After this, the respondent makes a statement that why the order should not be issued by the court. Step followed by this is to present evidence and witnesses. Both parties get the chance to cross-examine. And the petitioner sums up the statement that why the order should be issued and the respondent sum up the statement that why the order should not be issued.
The judge reviews all the evidence and witnesses of both the sides and immediately announces the decision and if satisfied, sign for a restraining order on the same day itself or may hold hearing at a later date. If the abuser violates the restraining order granted by the court, he shall be punished with imprisonment which may extend to 6 months or be liable to fine. However, if the abuser has already been convicted for the same offense and if he violates the order second time, he shall be punished with imprisonment which may extend to 2 years.
This article is authored by Rukshana Badar, student of B. B Hons at Maharishi Dayanand University. Note — The information contained in this post is for general information purposes only. We try our level best to avoid any misinformation or abusive content. If you found any of such content on this website, please report us at info lawcorner. The affidavit can be served to the applicant by bringing or sending the copy to the:.
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If you require a response, please go to our Contact page. Table of contents. Overview We recommend that you talk to a lawyer before taking any steps. However, we recommend that you still go to court. Another characteristic of a false Protective Order is that the abuser may state that they feel in fear of physical immediate harm and fear for their safety without any supporting evidence that places them in this type of fear.
Abusers have researched a Protective Order before they will file and will know what they will need to say to achieve their goal — however they typically mess up by not substantiating their claims for reasonable fear. For example they may state their fear comes from them being arrested or fear of a legal court proceeding which does not warrant a Protective Order or they may state fears that something will happen without any precedent of that activity previously occurring.
Generally the petitioner will not bring any witnesses to court, will not have necessary documents police reports to substantiate claims, and or will divert from previous claims contained in petition once in court. It is easy to defend yourself from false allegations when the facts are clearly stated so you know how to defend yourself i.
The abuser will use this vagueness to their advantage in court so you will be unprepared to counter their claims. It also allows them to alter their claims in response to your defenses as they may quickly change the story on the stand to counter against your defense.
Their lack of information presented in their pleading allows for them to alter their story and is your biggest challenge in defending yourself. If you believe that their claim is unwarranted and you would like to point this out to the judge you should do so upfront. You may do this by pointing out any overarching flaws in their pleading:. A Protective Order may label you as an abuser and impact your civil rights to move freely as you wish in regards to public places, particular driving routes, and or even impact your living situation.
In some situations a Protective Order may even warrant for minor children to be placed into temporary custody of the abuser or for the minor children to be removed from the home and placed into the Department of Child and Family Services custody.
Furthermore, a Protective Order may minimalize your constitutional rights according to your freedoms of speech and your second amendment right to bear arms.
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