My husband has an oder of protection again him from our daughter in law and her child. What do we need to do next. The

I’m Zoey, and I am an experienced attorney. I know your question is important to you and I will be giving it the time and attention it deserves.

In case you would like a faster response, the site will automatically offer you an optional phone call for an additional fee. No need to choose a phone call unless you'd like one. I’m happy to type or to talk.

Is the January date a criminal court date?    In what US state did this abuse supposedly take place.

Is this a criminal court date or just a civil date to extend the order of protection?

Thanks!

Give me a few minutes to type you a reply.

A civil protection order can be obtained ex-parte, that is, without notice to the other side. But from there, there must be a hearing at which your husband can get due process of law: an opportunity  to try to get the order dropped. That's what will go on in January.

When he was served with the order, the paperwork told him the allegations that the daughter-in-law has to prove. These are the issues that will be addressed on the court date. She will use what evidence she has -- testimony, witnesses, emails, texts, phone messages, etc. -- to show that what she alleged really did take place and that her daughter is in need of a permanent protective order. When she has finished, your husband would get the opportunity to present his evidence to show that what she alleged was false or misleading and that he is no threat to the petitioner's and her childs safety and that no protective order is necessary. He should have that evidence, including witnesses, on hand for the court date.

Once the judge hears all of the evidence, he makes a ruling based on whose evidence is more convincing. If it is your husband's, he will lift the order. Otherwise, the temporary order will be converted to a permanent order against him.

A civil order of protection can be defended without a lawyer, but the single best thing he can do for himsself if he can afford it is to retain counsel for the hearing/trial. if your daughter-ini-law has a lawyer, it would be best that he have one too in order to keep the playing field level. Otherwise, no matter how good your husband's evidence may be, a lawyer may use his knowledge of court procedure and the rules of evidence to keep a great deal of what you want to say from getting before the judge. That can cost him the case, and I have seen that happen many, many times.   If the other side doesn't have a lawyer, then your husband having one gives him a real advantage.

Do you need me to clarify anything or to give you more information?

Matters like this are typically he said/she said.  It comes down to credibility and who is more convincing.  He'll get a chance to question the witnesses and that, along with what evidence he has, will help him prove the case.  But as I've said, he should leave his defense to a lawyer if at all possible.

I tried to engage and interact with you further. I did not hear back from you.

Have I addressed all of your concerns?

Okay, then!

If there is anything more I can help with for this issue, you can always find me again on this chat thread.

If you have new questions about other topics, just start a separate question as a brand new chat and start it with "For Zoey Only" and/or type @Zoey_JD. You’ll be able to select my username to tag me in the question.