Does my son have to show up to a hearing for an order of protection against him?

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Does my son have to show up to a hearing for an order of protection against him?

He is supposed to be moving out of state before the hearing. Also, can he file a harassment order against the person filing the order of protection?

Asked on March 11, 2011 under Criminal Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) If he doesn't show up, he will lose--period. It's called defaulting, and it's like losing a baseball game by not showing up with enough players or on time and so forfeiting. The order will be granted against him and he'll be subject to its terms.

2) If he believes that the other person is doing something improper, such as a maliciously and improperly (without good basis or grounds) using the legal process to harass, or defaming him by making untrue factual statements about him, your son may be able to bring a legal action. However, neither of these actions are easy ones for the layperson; you son should consult with an attorney if taking legal action against the other is something he is seriously contemplating.


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