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JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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Proceedings to the retraining abuse/order ( alledged) the judge(especially

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Proceedings to the retraining abuse/order ( alledged) the judge(especially woman) always beliefs what the abusee( woman) filed without proof--you think that woman is toooo OVERPROTED in the America. What must the defendant do, hire a very expert lawyer or els....
Submitted: 8 years ago.
Category: Criminal Law
Expert:  JD replied 8 years ago.

It is a certainty that men are often the victims of unlawful protective orders. I don't think that has as much to do with sexism as an overprotective attitude of all judicial officers. Think about it... if you had a woman who asked for an order of protection and you had to choose... what would you do? If you grant the protective order then the man must stay away from her... no big deal. If you deny the order and something happens then many people (who may have elected you) will have reason to blame you for the crime committed. So when faced with such a predicament, judges tend to err on the side of granting a protective order.


The real problem is that judges too often forget the collateral consequences of protective orders. Those that have considered the consequences have switched to using "No Contact" orders in lieu of protective orders in situations that are considered borderline. This permits an individual to retain the rights previously afforded them while maintaining the safety (theoretically) of the petitioner.


I have seen many attorneys who defend protective order actions make the suggestion that a mutual no contact order be entered. This will often times solve the situation and not have the negative connotations that a protective order carries. The no contact order would be mutual... thus not acknowledging any fault on any particular party. Otherwise you are stuck with trying to refute the claims that she uses to petition for the order. Proving that someone is lying is difficult and you usually find yourself in that borderline situation I described earlier unless you can catch her in a blatant lie.


As always you should consult a local attorney to represent you if someone is attempting to obtain a protective order against you.


Please reply if I can assist further.



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