I placed a order of protection against my ex-husband and he has filed a motion for a hearing to quash order , do I file anything

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I placed a order of protection against my ex-husband and he has filed a motion for a hearing to quash order , do I file anything in response or can I file anything in response to stop the hearing and keep the order in place

3 Attorney Answers

Best Answer
He likely has a right to a hearing. Your goal is to present evidence at that hearing in support of your position. This is a matter of State law. I would strongly suggest that you consult with a local attorney (perhaps selected from the AVVO website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Good luck!
Best Answer
You do not need to file anything else. The court will now set a hearing on the Ex Parte Order you obtained. As the Plaintiff you have the burden of proof to prove your allegations by a preponderance of the evidence. This is the civil standard of proof. Start preparing for the hearing NOW. Gather your exhibits and contact witnesses you will need at the hearing. The party that prevails at the hearing will be the organized and prepared party. Attorneys do represent clients at these hearings. This is an important matter and needs to be handled correctly and the evidence presented clearly in the brief time you will have to present your case to the judge/commissioner. Most attorneys offer free initial consultations.
You don't need to file anything. He has a right to a hearing to challenge the order. Be ready to proceed at the hearing with all of your evidence and witnesses, if any. He also has a right to hire an attorney and have the attorney present at the hearing. Just be prepared and ready to go at the hearing. It's like a mini-trial, so prepare accordingly.

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