Procedures Applicable to a Defendant in a Protection Case

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IV. PROCEDURES APPLICABLE TO A DEFENDANT IN A PROTECTION CASE

The defendant has a right to defend him/herself, to contest any allegations set forth in the Complaint, to present evidence on his/her behalf, to ask the court to dissolve any temporary order, or to ask the court to terminate or modify any final order. The defendant has a right to receive a copy of the complaint and related papers, and any order. A protection order is effective once signed by a Judge. The order must then be served on the defendant before the defendant can be charged with a crime for violating the order, UNLESS a defendant has prior actual notice of a protection order. The defendant is entitled to notice of any hearing. If the court has issued a temporary order and the defendant asks the court to dissolve that order, he/she is entitled to a hearing upon at least 48 hours notice to the plaintiff, unless a shorter time is set by the judge. Note: If the defendant believes that the plaintiff has abused or harassed him/her, the defendant must file a separate protection complaint and request for relief against the plaintiff, following the procedures set forth in section III above, "Procedures Applicable to a Plaintiff in a Protection Case." The defendant may not ask for protection against the plaintiff as part of his/her defense in the plaintiff's case.

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