Who has burden of proof in temporary protection of abuse

Asked over 5 years ago - South Paris, ME

someone has lied to obtain a temporary protection from abuse order

Attorney answers (1)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . When the order is temporary, the benefit of the doubt is given to the person requesting it. Once it is obtained if the other party motions the court to vacate it, then the court may consider ending the order. The burden of proof can often be as simple as "this other person frightens me." Usually women are given the benefit of the doubt and rarely punished for making false statements at the court hearing. If you are concerned about being arrested, or having a permanent order of protecting against you, suggest you hire an attorney and contest the matter.
    You might find my legal guide on selecting and hiring a lawyer helpful.
    You might find my legal guide on Is it Legal? Is it Illegal? helpful.

    LEGAL DISCLAIMER
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,961 answers this week

2,777 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,961 answers this week

2,777 attorneys answering