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I have an Emergency Protective Order filed against me from…

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I have an Emergency Protective...
I have an Emergency Protective Order filed against me from an ex. In the papers I received when served it says "The Court makes the following findings of fact which support the conclusions stated in paragraph A, B & C:" wrote in "clear & convincing evidence of violence and her abuse." Which paragraph C Petitioner has proven the allegations of domestic violence or abuse by clear and convincing evidence of immediate and present danger of abuse. Which from what I read some proof of that should be written in and not just basically copying paragraph C like was done. So do they have to tell me the evidence of it. Also in the papers it has a line for the date or dates that the threats or abuse occurred and one date is listed. But when she uses the section to describe in detail she says that things are done on a regular basis and often so that is basically contradicting because she only listed one day. Can I get rid of this from inconsistent paperwork and no evidence listed where it should be.
Submitted: 8 years ago.Category: Legal
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Answered in 14 minutes by:
6/10/2010
Lawyer: Zoey, JD, Attorney replied 8 years ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,855
Experience: Active member of the NYS bar since 1989
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Jacustomer,

If what you were served with is just the temporary order of protection, you also have been given a date for a hearing on which you can refute the order of protection. You will be able to bring whatever evidence and witnesses you have to demonstrate that there is no basis for the court to believe that your ex is under any immediate and present danger from your abuse. And you can certainly point to the fact that the evidence alleged on the temporary order is inconsistent and contradictory.

Your ex will be able to produce evidence to the contrary if she can. If the judge hears both sides of the story and determines that you do present a danger to your ex, the temporary emergency order will become permanent. If, on the other hand, he finds your facts more convincing, he will lift the order against you.

If you don't attend the hearing you will likely lose by default and the order would become permanent.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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