Blog Post

Beware: Domestic Violence Orders of Protection

Posted by: S. Matthew Torres
October 21, 2010
Topic: The FLF Staff Talks Here!!

It strikes me as odd that more litigants who find themselves labeled as Respondents in Protection Order cases do not do more to help their cause. For example, man gets assaulted or battered by woman. Man calls the police and police arrest woman. Woman becomes a Defendant in a criminal case, yet files a Petition for Order of Protection alleging that man beat her up. Usually, man does not file a formal Response, let alone a Counter Petition. Why is that? Or, turn the tables around, man beats up woman, gets arrested and then goes and files a meritless Petition for Order of Protection, and receives a Temporary Order against woman. My point is: if you are a victim of any type of domestic violence, don't be surprised when the aggressor tries to turn the tables on you with a Protection Order. If that does happen, file a Response to the Petition AND file a Counter Petition, asserting that you are in fact the victim. Reference the criminal case that the aggressor received and reference the police report, which is the basis of the criminal case. Don't just show up to the hearing and hope for the best. BE PREPARED!!!! All too often exaggerations and bold faced lies escape the screening process in Protection Order Land and end up as the basis for Temporary Orders of Protections, as well as Extended Orders of Protection. I am not saying that all Protection Orders cases fall into this type of category, but some do. Don't be a victim twice.

S. Matthew Torres