Order of protection is mostly issued in favor of individuals who think that they are in danger or unsafe under any said circumstances. In such cases, they can directly appeal to the court for an order of protection or an injunction against harassment. This is a piece of legal order that is enough to prohibit a person from committing acts of crimes. These acts include domestic violence and will prevent them from contacting or getting near to the people who have appealed to get protected by the order. This is a great way of defending against a protection from abuse order in Pennsylvania.
Restraining orders based on false information
An order of protection can normally be issued by the court without it hearing both sides of the story. And the law has been made in a way that it won’t hear both sides of the story unless the order has been issued. Hence, it has become very common to misuse this in cases of divorce or domestic violence proceedings. With this order, an individual can be abstained from meeting their own family or accessing their own home and properties. Also, the evidence of restraining order will be evident in an individual’s background check, which heavily impacts their chances of employability too.
Fighting a protective order
The petitioner can either ask to modify the existing order or request to dismiss it. The order is valid for a year. During this tenure, you will be entitled to appear for one hearing on the case of this order. All you need to do is provide a written request for the court to arrange for a hearing session. You and your attorney will be able to take the right action based on the timeline for contesting. You need to take immediate action once the order has been issued. As a responsible individual, you need to ensure that you do not violate the requirements of the order even after you have filed the written request. If you are violating these orders, you might also be subjected to jail time or other criminal charges. It also proves to the court that this order has been necessary against you.
Your attorney will work with you closely and gather the necessary proof to prove your innocence in court. They will also help you understand all the procedures and requirements you will need to meet here.