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How heavy is the burden of proof on a petitioner for an order of protection?
Wiki User
∙ 15y ago
It is totally up to the petitioner to present substantiated evidence to convince the court that a PO is necessary. Generally the court will issue a temporary order and then set a hearing date where the petitioner and the named person will appear to state their case. In an emergency temporary order of protection, a petitioner does not have to provide any proof or evidence. Many orders of protection have been issued based on unsubstantiated accusations. To make it permanent, the petitioner must only be "more believable" than the respondent. -Tim
Wiki User
∙ 15y ago
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Are there any laws in Illinois that will protect respondent when the petitioner in an order of protection contacts the respondent and petitioner also violates original divorce decree?
Question is not really worded clearly. However - the same order that prevents the respondant from contacting the petitioner also protects the respondant from being contacted by the petitioner. THey are in equal violation and can be sanctioned by the court that issued the order. The petitioner can NOT contact and harass the respondant just because the petitioner thinks they are 'protected.' However, even if the petitioner can be proven to be violating the divorce decree that is a separate issue from the protection order which will have to be handled as a contempt matter.
Can the restrained person on an order of protection move to terminate the order?
Either party to an order can file a motion to modify the order. State law dictates when a protection order can/will be modified or terminated. If you are the original petitioner, you will have the right and the opportunity to appear and present your position that the order should not be modified, if he is given a hearing on his motion.
Petitioner violating restraining order in Florida?
If the restraining order is against the Petitioner (as in a case where there are counter-petitions), the Petitioner may be arrested by any sheriff's office.Additional: In FL, even if no counter-petition has been sought or awarded, the petitioner is bound by the same restrictions as have been placed against the respondant. As stated above, the petitioner CAN be arrested for violating the provisions their own restraining order. The petitioner cannot use their order as a weapon against the respondant.
Can the petitioner of a protection order call the respondent?
It depends. I live in Missouri. I am able to call the respondent, but only to discuss custody matters with our children. In most cases, you may not call the respondent because that would be violating the order of protection. Something many people do not understand is that you can get in trouble for violating the order of protection you have against someone.
What if a petitioner violates a Personal protective order?
If a petitioner violates a Personal Protective Order, they could face legal consequences including fines, imprisonment, or additional penalties. It is important to take violations seriously and report them to the appropriate authorities. The court may also modify the order or provide additional protections for the victim.
Can you lift an order of protection against someone?
Not unless the person being protected by the order wishes it to occur. Unless you are the parent or legal guardian of the individual being protected you do not have the legal 'standing' to ask the court to withdraw the order. If the petitioner wishes to have their protection order lifted, they can return to the same court which issued it and request that it be withdrawn.
What if the person who puts a no contact order on someone breaks the no contact order?
If the person who has a no contact order against someone breaks the order, they could face legal consequences such as fines or even arrest. It's important to take the order seriously and avoid any contact with the individual to prevent further legal issues.
What can happen for a failure to appear in a remote state hearing related to a requirement that you not have contact with the plaintiff?
Whenever you are summoned to appear before a court, regardless of its location, you are advised to appear in person or to at least have an attorney appear on your behalf. Depending on the nature of the case, a warrant for your arrest (called a "bench warrant") can be issued by the judge. If that happens, you will be arrested if a police officer has reason to run your ID through his computer system, such as in the case of a traffic stop. From the wording of your question, it SOUNDS like someone requested a Restraining Order (also known as a Protective Order) against you. That person is known as the "petitioner". When a petitioner asks the court for protection, a hearing date is automatically scheduled to determine whether the person has a good enough reason for the court to grant an order of protection. When the respondent (the person who is allegedly frightening or harming the petitioner) fails to appear in court at the time of the hearing, the court will assume that the petitioner has cause for an order of protection, and s/he will be granted an order by default. In other words, the petitioner "wins", and the respondent "loses". This over-simplifies the process, but I think it answers your question. The bottom line is: ALWAYS GO TO COURT OR HAVE A LAWYER GO FOR YOU WHEN YOU ARE SUMMONED TO APPEAR.
You are the petitioner of the emergency protective order can you violate the petition by calling or texting the defendent?
If the order contains language prohibiting you from contacting the defendant, the violation could subject you to sanctions. If not, you've still set up a good case for the defendant to show that you are not reasonably in fear of him/her, do not treat the protective order seriously, and do not need the protection.
What are the adverse affects of a restraining order?
As far as the petitioner of the order is concerned, there ARE no adverse effects. As for the person AGAINST who the order was issued: They mus adhere to the oprovisions and restrictions that the order places uopopn them, which my include barring them from certain locations, or mantaining a certain distance from the petitioner, etc.. And, if it is a Domestic Violence Order, they may not possess firearms.
Petitioner wants to sign divorce but not Respondent?
If they refuse, and does not appeal, ile a motion for a default order.
Who was the killer in the Law and Order episode Burden?
it was the doctor
