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Who has burden of proof in temporary protection of abuse

South Paris, ME |

someone has lied to obtain a temporary protection from abuse order

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Attorney answers 1


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.
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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.