When you request an order of protection because you are being harmed by domestic violence, a hearing will occur before a judge in which you provide information about the abuse. When you initially come before the judge to seek an order of protection, the abuser will generally not be present. The judge may grant the protection order provided you offer sufficient evidence to show that you are being affected by abuse. The protection order will remain in effect for one year. The abuser must be served with the civil order of protection, and when he or she is served, will have a year to challenge the order.
If the abuser challenges the order of protection and requests a hearing, you and the alleged abuser will both need to come to court. If the abuser doesn’t show up at a civil protection order hearing, the protective order should remain in effect.
A Scottsdale, AZ domestic violence lawyer can provide you with insight and information on how to obtain a protective order and on how to make compelling arguments before the judge to help ensure a civil order of protection stays in place, even if challenged by the abuser. Contact Singer Pistiner, P.C. today to learn more about how an attorney can help domestic violence victims.
What if an Abuser Doesn’t Show Up At a Civil Protection Order Hearing?
If an abuser requests a hearing to challenge a protection order, the abuser needs to show up for the scheduled court hearing he or she has asked for and needs to present arguments and evidence to the judge. If the abuser doesn’t show up at a civil protection order hearing, the abuser will not be able to make those arguments and the judge will not find for the abuser. Because abusers can’t argue against a protection order unless they are actually physically present in court, the protective order will stay in effect and the alleged abuser will be legally required to continue to abide by the terms of the order.
In some cases, the abuser may have a legitimate reason why attending the hearing became impossible to do. If so, a continuance may be granted and the hearing may be re-scheduled at a later date. You would be informed of the new date when you have to come back to court and argue for the protection order to remain in effect. You need to make sure you always show up so you can present your position and your legal evidence to the court.
Singer Pistiner, P.C. can help you to understand court filings and requirements for attending a hearing and presenting evidence. Our Scottsdale, AZ domestic violence lawyers will be there for you throughout the process of obtaining a civil protection order and arguing for that order to remain in effect if it is challenged. Give us a call as soon as possible to learn about how we can help you to use the legal system as a powerful tool to help stop abusive behavior.