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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23536
Experience:  Active member of the NYS bar since 1989
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I live in Arizona and was served an order of protection

Customer Question

I live in Arizona and was served an order of protection against me from the mother of my child in Illinois
JA: Thanks. Can you give me any more details about your issue?
Customer: I went to visit my son last weekend... We have no legal visitation schedule... I went to here house and she demanded I leave... I saw my son for a few hours and came back to Arizona...now she got an Order of Protection stating many lies...and I'm now suppose to go to court on March 14th Does she need to prove the allegations for the order of protection to be upheld?
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Submitted: 9 months ago.
Category: Legal
Expert:  Zoey, JD replied 9 months ago.

Hello,

Thanks for requesting me. If this is a civil order of protection, (you were not arrested or charged with a crime), then yes, she only has a temporary order of protection, which is what you have been served with. In order for her to get the order extended, there will be a hearing at which she must prove the allegations against you by clear and convincing evidence. Then the judge will convert the temporary order to a permanent one.

She'll get an opportunity to present evidence in the form of her own testimony, any emails, letters texts, photographs witnesses, etc., she's got to try to show that her allegations are true and that she needs an order of protection against you. You'll get the opportunity to present your evidence as well. Once all of the evidence is in, the judge will decide whether the order gets made permanent.

Although no lawyer is needed at these proceedings, if your ex is going to have one, it would serve you well to get one to in order to level the playing field. Otherwise, the lawyer's greater knowledge of court procedure and your state's rules of evidence could keep you from getting everything you need to get before the judge.

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