What if an abuse order was granted on a false statement? What can be done if it is one's word against another?
Country relating to Question: United States
State (if USA): Maine
Hello and welcome,Has the order been made permanent, or is it a temporary order at this point?
It is temporary right now.
I see.Then a hearing should be set and the defendant will have the opportunity to defend against the allegations being made by the plaintiff/petitioner. Since the plaintiff typically has the burden of proof, if there is no evidence to corroborate the plaintiff's allegations, such as physical evidence or a police report, then the case is likely to be dismissed.However, if the court finds the defendant's statements not credible or catches the defendant in a lie, the court could find in the plaintiff's favor even without any corroborating evidence.
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Actually, the hearing may have already taken place, but it is scheduled to be done in a week. So if there was an indirect, unintended violation to an order that was falsely made, and the defendant does not want a class D felony on defendant's record, and defendant is unemployed and the court will not appoint a lawyer, what recourse does the defendant have?
If the defendant cannot borrow the money to retain an attorney or otherwise make arrangements to retain counsel, then they should attempt to represent themselves at the hearing, indicating to the court why it should not believe the plaintiff's allegations.
JD, BBA Over 20 years legal and business experience.
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