emergency order of protection:
An Emergency Order of Protection, or "EOP," is a court order that temporarily protects an individual who is being abused, harassed, threatened, or intimidated by another individual. An Emergency Order of Protection must be drafted appropriately by the person being abused ("petitioner"), or his or her attorney, and filed with the appropriate court of jurisdiction. The petitioner will get a hearing date for the Emergency Order of Protection once it has been filed.
The individual who has been accused of abusing or harassing the petitioner is called the "respondent." Due to the possible risk of harm to the petitioner, the law does not require the respondent to know about the Emergency Order of Protection hearing.
If the judge finds that the allegations contained in the petitioner's Emergency Order of Protection are credible, the Emergency Order of Protection will be signed by the judge. An Emergency Order of Protection takes effect as soon as the judge approves it.
Due to the respondent's inability to deny the allegations made by the petitioner in the Emergency Order of Protection hearing, an Emergency Order of Protection only lasts for 14 to 21 days. When it issues an EOP, the court sets a hearing date for a Plenary Order of Protection.
The individual who has been accused of abusing or harassing the petitioner is called the "respondent." Due to the possible risk of harm to the petitioner, the law does not require the respondent to know about the Emergency Order of Protection hearing.
If the judge finds that the allegations contained in the petitioner's Emergency Order of Protection are credible, the Emergency Order of Protection will be signed by the judge. An Emergency Order of Protection takes effect as soon as the judge approves it.
Due to the respondent's inability to deny the allegations made by the petitioner in the Emergency Order of Protection hearing, an Emergency Order of Protection only lasts for 14 to 21 days. When it issues an EOP, the court sets a hearing date for a Plenary Order of Protection.
plenary order of protection:
A Plenary Order of Protection hearing is unlike an Emergency Order of Protection hearing in that the judge gets to hear evidence from both the petitioner and the respondent. This gives the petitioner the opportunity to prove the abuse or harassment. In turn, it allows the respondent an opportunity to disprove or discredit the petitioner's allegations.
After the hearing, the judge will either sign the Plenary Order of Protection, if the petitioner has met his or her burden of proof, or the judge will deny the Plenary Order of Protection.
It is very important for both the petitioner and the respondent to have competent representation for a Plenary Order of Protection because if granted by the judge, the Order of Protection will be effective for 2 years.
After the hearing, the judge will either sign the Plenary Order of Protection, if the petitioner has met his or her burden of proof, or the judge will deny the Plenary Order of Protection.
It is very important for both the petitioner and the respondent to have competent representation for a Plenary Order of Protection because if granted by the judge, the Order of Protection will be effective for 2 years.
representation:
The outcome of an Order of Protection could be monumental for either the petitioner, or the respondent. Not only does an Order of Protection last two years, but any departure by the respondent from the Order of Protection will result in the filing of criminal charges against him or her.
Attorney Sarm knows how to litigate and advocate for either the petitioner of an Order of Protection, or the respondent of an Order of Protection. When dealing with a legal issue as serious as an Order of Protection, it is always advisable to do so with a competent and experienced attorney.
Attorney Sarm knows how to litigate and advocate for either the petitioner of an Order of Protection, or the respondent of an Order of Protection. When dealing with a legal issue as serious as an Order of Protection, it is always advisable to do so with a competent and experienced attorney.
