The Question:
I have filed and received an Order of Protection for my spouse. I am now waiting for the sheriff to serve him. I need legal advice for when/if he asks for a hearing.
RJ Says:
Once he is served, there is really no deadline for him to request a hearing. Your Order of Protection is good for one year from the date that you obtained it, and he can request a hearing anytime within that one year. Once he does request a hearing, if he was excluded from a common residence, he is entitled to a hearing within five days. If he was not excluded from a common residence, he is entitled to a hearing within 10 days. Those are both of course very quick deadlines, and so it may be important to have your attorney ready in advance.
If he does request a hearing, is your burden to prove the allegations that you included in your petition for order protection. In fact, it is important to remember that you can only present evidence as to those allegations. You cannot add new or additional allegations.
Read More: My wife put a protection order against me. What can I do?