How to Fight a False Emergency Order of Protection

Orders of protection can be challenged at a hearing.

Often times your first clue that a restraining order (also known as an order of protection) has been filed against you is when the police show up to serve you papers. It can be infuriating to know that an order of protection can be entered without your knowledge, but you need to realize that it is merely a temporary order. In order for the petitioner to obtain a long-term order of protection, there will be a hearing where you can cross-examine the petitioner and present your case.

Instructions

1. Obey the temporary order of protection. While you may believe it is wrongly entered, if you violate the order, that will provide the petitioner with valuable evidence that a long-term order of protection is advisable. Be courteous to the officers serving the order, and if you need to vacate the premises, request police assistance so that the petitioner cannot claim you violated the order.

2. Prepare for the hearing on the order. When the temporary order (often called an ex parte order of protection) was entered, the court set a date, usually 30 days from the entry of the temporary order, for a hearing on entering a long-term order. You can retain an attorney or represent yourself at this hearing. Collect information you believe relevant and notify any witnesses you wish to present.

   Review the ex parte order. It will contain a narrative from the petitioner as to what she claims happened. Collect any evidence that impeaches or otherwise discredits her accusations. For example, if the petitioner claimed that you broke her left arm but you know that she broke it three weeks earlier in a skiing accident, subpoena a copy of the medical records from her hospital admission.

3. Present your case at the hearing. Be polite and professional and understand the court is looking after the safety and welfare of the petitioner. You can present the testimony and witnesses you want to the court, and you will have an opportunity to question the petitioner. If at the conclusion of the hearing the court does not find sufficient evidence that the petitioner is in danger or under the threat of harm, the court will deny the order of protection.

Tips & Warnings

• Always be courteous and polite. The surest way to indicate to the court you are a threat is to lose your temper or become belligerent in court.

• You may want to talk to an attorney about your order of protection hearing and about possible expungement of the ex parte order if you win at the hearing.

References

• State of Missouri: Chapter 455 - Protection Orders
• Ohio Legal Services: Civil Protection Order Remedies and Procedures