What Are My Legal Rights As a Defendant in an Order of Protection?
Orders of protection prevent an individual from having any contact with the petitioner. If the petitioner has been threatened by the individual, a temporary order of protection can be entered "ex parte" -- without the other party's notice or participation. While you, as the respondent, have little to no say regarding the ex parte filing, note that it is a temporary order; and if the petitioner wants a long-term order, there will be a hearing where you have the right to contest the petitioner's allegations.
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Orders of Protection
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Orders of protection provide petitioners a legal way to obtain protection from a perceived threat. While standards vary slightly from state to state, the petitioner must show by a preponderance of the evidence that she believes herself to be in harm's way, and that the harm is from the respondent (the person who is the target of the order of protection).
Ex Parte
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Ex parte orders are entered without notice to the respondent. A petitioner fills out the appropriate form where she describes what happened and how the respondent threatened her. She briefly appears before a judge to be questioned about the request. As long as the petitioner's belief is reasonable, the ex parte order will be entered. You will be served a copy of the ex parte order by the police; and if the petitioner has requested a long-term order of protection, you will also be served notice of the hearing date set.
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Long-term Order
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A long-term order of protection can be entered for up to a year or more. Unlike the ex parte order, this one is only available after a hearing. It is at this hearing where you have the right to present your side of the case. You can cross-examine the petitioner's witnesses, cross-examine the petitioner herself and present your own evidence.
Hearing
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You can retain an attorney to handle the hearing or appear yourself. If you are preparing for the hearing yourself, be sure to consider the statements that the petitioner listed in her ex parte application as they form the core of her arguments. If she has lied or embellished in her statement, be prepared to present contrary evidence. Make sure you have notified your witnesses via civil subpoena so that they are present at the hearing, and collect and organize any documents you wish to use, such as medical records.
Compliance
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As shocking as it may be to receive an ex parte order of protection, you must obey the order in both spirit and letter. Absolutely do not rush over to the petitioner to discuss it, or make a scene outside her home. Violating a order of protection, even an ex parte, will be damning evidence against you and subject you to criminal prosecution by the state.
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