Whether you have found yourself as the offending party in a restraining order case or you are a victim seeking out a restraining order, you should know the different term lengths of emergency orders and plenary orders of protection and their differing burdens.
It is important that you understand the differences so that, if you are a victim, you can start the legal process most appropriate for you.
If you are the respondent in a restraining order case, you should understand the differences because depending on the type of order, you will have different restrictions. Additionally, with an emergency order, the respondent is not required to be present at an evidence-based hearing. This will mean that as a respondent, you will not be able to defend yourself or provide evidence of your innocence. Because of this limitation, emergency orders do not last as long as plenary orders.
Term Length of an Emergency Order and Burden of Proof
Emergency Order of Protection or Emergency Stalking No Contact Orders are intended to provide protection quickly for a petitioner, without placing them at risk of harm by requiring a hearing process that could aggravate their abuser. Petitioners must provide written attestation of instances of abuse and attest that their offender’s action would cause any reasonable person to become distressed and that they were distressed by their offender’s actions.
The hearing for an emergency order of protection is less involved than a hearing for a plenary order. The emergency order will be granted by the judge if they believe that the victim is credible and that the threat upon them is credible. Emergency Orders can be granted for a period of seven days to a maximum period of 21 days.
Term Length of a Plenary Order and Burden of Proof
If the victim wishes to gain protection for a longer period of time, they must file paperwork for a plenary order. For the protection of the victim, hearings for a plenary order generally take place on or before the expiration date of an emergency order. At a plenary order hearing, a judge will hear testimony from both sides and review evidence as well as the testimony of any witnesses. In a plenary hearing victims must prove through testimony and through evidence that they have suffered abuse at the hands of the respondent. Once granted, plenary orders last for a period of two years and the victim may petition the court to extend order when the expiration date approaches.
Contact an Experienced Lawyer Today
It is important to get professional help in matters involving your safety. Do not delay in applying for an EOP if you need one. Glasgow & Olsson is uniquely qualified to help, especially if you have been granted an EOP and need help applying for a plenary Order of Protection to extend your emergency order. If you need help defending yourself in a plenary hearing where you feel you are innocent, we have extensive experience mounting a defense. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.