Procedures Applicable to a Defendant in a Protection Case

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IV. PROCEDURES APPLICABLE TO A DEFENDANT

If you are the defendant, you have a right to defend yourself, to contest any allegations in the complaint, to present evidence on your behalf, to ask the court to dissolve any temporary order, or to ask the court to terminate or modify any final order.

You have a right to receive a copy of the complaint and related papers, and any order. A protection order is effective once signed by a judge. The order must then be served on you before you can be charged with a crime for violating the order, UNLESS you had prior actual notice of a protection order. You are entitled to notice of any hearing. If the court has issued a temporary order and you ask the court to dissolve that order, you are entitled to a hearing upon at least 48 hours notice to the plaintiff, unless the judge sets a shorter time.

Note: If you believe that the plaintiff has abused or harassed you, you must file a separate protection complaint against the plaintiff, following the procedures set forth in Section III above, (Procedures Applicable to a Plaintiff in a Protection Case). You may not ask for protection against the plaintiff as part of your defense in the plaintiff's case.

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