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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33708
Experience:  Attorney with 15 years experience
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My friend got a protection order against her due to false

Customer Question

My friend got a protection order against her due to false allegations. The only reason why the other party was granted the protection order was because their lawyer made a document starting the court date was changed and she didn't show up for court under the impression the date was changed. The only reason why the other people filed was because my friend filed first. The judge just granted to extend the order without even hearing my friend. There is a much longer version of this and is allot more involved in things that have transpired up to this point, but what can we do to fight against this?
Submitted: 5 months ago.
Category: Family Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If the protective order has been issued as a permanent order, then friend's recourse here is to file an appeal of the judge's order and seek to have the ruling overturned as a product of fraud on the part of the other side's attorney. If an appeal is filed and the letter that the attorney gave friend is used as evidence of the attorney's conduct, that could give friend grounds to get the case remanded back for further proceedings.

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If friend is successful, that doesn't mean that they still wouldn't have the order placed against her, it just means that a new hearing would be set and she would have the opportunity to defend against the allegations before the judge made their decision.

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But to fight this and file an appeal, friend is going to need to hire either a criminal law or family law attorney to assist with getting everything filed correctly and then argue why the order shouldn't have been granted in the first place..

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thanks

Barrister

Customer: replied 5 months ago.
We've contracted a few lawyers for this and they didn't sound very promising with answers they were providing. One of them said that my friend couldn't even turn things into evidence without a lawyer. Is this true?
Customer: replied 5 months ago.
Additionally, the order was only granted for another year and she has a court date for a protection order she filed against them.
Expert:  Barrister replied 5 months ago.

One of them said that my friend couldn't even turn things into evidence without a lawyer. Is this true?

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That isn't entirely true, but she would have to follow all the same rules and procedures that an attorney follows in order to be able to get something admitted into the case as evidence. So if she doesn't know the rules of evidence and the process for getting something in, she may have to have an attorney because if it isn't done right, the judge won't allow it.

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Additionally, the order was only granted for another year and she has a court date for a protection order she filed against them.

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Any case she has against the other side is completely different than one that they had against her. So if she is seeking an order against the other party, then that is heard as a separate matter. But it sounds like everyone involved agrees that they don't want to have any contact with the other side...

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thanks

Barrister