Defense in civil protection order matters

A civil protection order (CPO) is a court order that prohibits someone from contacting or coming near the petitioner. It is a civil matter, not criminal, but violating a protection order is a criminal offense. Protection orders can be issued in cases of domestic violence, stalking, or credible threats of harm.

You will receive notice of a hearing, typically within 7-10 days. At the hearing, both sides present evidence, and the judge decides whether to issue a permanent protection order. If issued, the order can last up to 5 years and may prohibit contact, require you to move out of a shared residence, and restrict firearm possession.

Yes. You have the right to contest the order at the hearing. We present evidence, cross-examine the petitioner, and challenge the allegations. If the petitioner fails to meet the legal standard (proving by a preponderance of the evidence that you committed the alleged acts), the order can be denied.

A protection order can affect your housing, employment, firearms rights, and custody arrangements. It is a public record and may appear in background checks. Violating the order is a criminal offense punishable by jail time. Even a temporary order can have immediate, serious consequences.

Yes. If the petitioner's allegations are false, exaggerated, or not supported by evidence, the order can be dismissed at the hearing. Once issued, a protection order can be modified or terminated upon motion if circumstances change, though modification is difficult without the petitioner's consent.

A temporary protection order (ex parte order) is issued immediately based on the petitioner's allegations without your input. It lasts until the full hearing. A permanent protection order is issued after the hearing where both sides present evidence. It can last up to 5 years and is more difficult to overturn.

Yes. Federal and state law prohibit possession of firearms while subject to a domestic violence protection order. You must surrender any firearms in your possession, and you cannot purchase or possess firearms while the order is in effect. Violating this prohibition is a federal crime.

Not automatically. A protection order is a civil matter. However, if the underlying conduct involves assault, domestic violence, stalking, or other criminal acts, you may face separate criminal charges. We coordinate defense strategies for both the protection order hearing and any related criminal case.

Do not contact the petitioner or violate the temporary order. Gather evidence, witness information, and documentation that supports your side. Contact an attorney immediately. The hearing happens quickly, and preparation is critical to protecting your rights.

Yes. If you believe the petitioner has committed acts of domestic violence, stalking, or threats against you, you can file a counter-petition. Both petitions will be heard at the same hearing. We assess whether a counter-petition is strategic and supported by evidence.