How to Defend a Protection from Abuse Order?

Juliet D'cruz

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How to Defend a Protection from Abuse Order

Domestic violence is a culpable offense and confronting it has never been easy for anyone. Although you may not consider leaving the abuser out in the open, you may still feel skeptical about filing the Petition for Protection from Abuse. The defendant has to maintain a safe distance from the victim as per the provisions set under the Protection from Abuse Orders.

Alongside extending child support or custody orders, the court even compels Defendant to submit all arms that are in his possession besides following the immediate procedures. The defendant also has the right to seek legal guidance and consult resources that can help in proceeding with the court matters. 

An experienced law firm has a team of lawyers that have the much-needed expertise to deal with legal matters concerning domestic abuse. Defending against a protection from abuse order is often about gaining powerful insight into the proceedings and seeking support from a strong legal team. 

Things for the Defendants to Learn

Filing the Protection from Abuse Petitions frivolously often seems to be quite unfortunate. An ex parte filing of such a petition is quite obvious when someone files it initially. It gives you a clear indication that Defendant won’t be present at the court. 

Under such circumstances, a quick hearing can help the court in determining whether it is necessary to enter into a PFA order of temporary kind.

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Irrespective of the validity of the information, following an order, becomes crucial once the court assumes it temporarily. The court takes a week’s time to set a hearing, which both parties attend mandatorily. Entering the final PFA will then lie in the hands of the court.

Following the court order and remaining calm seems to be your only way out when you face the PFA. Incarceration is often an outcome when you commit a criminal offense like that of violating the PFA. If a provision of the order restricts you from reaching the victim, you must accept it quickly.

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You ought not to have any contact with the person in question, even via outsiders or over email, textual messages, or digital media. You ought not to call that person or leave voice messages. These sorts of activities could be an infringement of the Order. 

In case the Order ousts you from your home, you could make settlements with the nearby police to get back from the home for an extremely concise timeframe. 

It will help you to assemble a few of your individual possessions in the presence of a cop. However, you ought not to do as such except if the police direct such courses of action explicitly and they visit the home with you.

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The sooner you learn about the PFA, you must reach out to the attorney being a defendant. The attorney will work in your best interest and prepare you for the hearing. They can make an attempt to postpone the hearing if there is not much time in hand. 

However, the PFA order will remain in force temporarily till the time the hearing continues. That’s why it is even more necessary for us to hold such a hearing at the earliest.