Procedures Applicable to a Defendant in a Protection Case - If a Temporary Order is Issued and Served

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A. If a Temporary Order is Issued and Served.

After service of any temporary order, you may file with the court a written request to dissolve the order. You have a right to a hearing on the motion to dissolve. The plaintiff must be given at least 48 hours advance notice of the hearing, unless the judge sets a shorter time. The clerk will arrange for service on the plaintiff of the written motion to dissolve and the notice of hearing.

On or before the hearing date, you must file an affidavit stating why or how the plaintiff's complaint is inaccurate or untrue. The judge may combine the hearing on the motion to dissolve the temporary order with the final hearing on the plaintiff's complaint for protection. In either event, the hearing will follow the procedures in Section B (The Final Hearing).

In an abuse, sexual assault or stalking case, the temporary order might direct you not to possess any firearms or dangerous weapons. If the temporary order prohibits possession of dangerous weapons other than firearms, the order will explain what types of weapons are prohibited. A defendant prohibited from possession of firearms or other dangerous weapons must turn over any prohibited items to a law enforcement officer or other person within the time stated in the temporary order (up to 24 hours after the temporary order is served on you). If you choose to turn over the prohibited items to a person other than a law enforcement officer, you must file a statement identifying that person and listing all items turned over to that person. That statement must be filed within 24 hours and should be given to either the court or a local law enforcement agency.

If a temporary order of protection from abuse prohibits possession of firearms or dangerous weapons, you may ask to dissolve that portion of the order and the court will hold a hearing as soon as the court's schedule permits. The court will issue a written decision within 24 hours of that hearing.

You should read any temporary order carefully. Unless the temporary order is vacated, you must obey that order. Otherwise, you are subject to arrest and criminal charges. The plaintiff cannot change the terms of any temporary order and cannot give you permission to violate any terms of the temporary order. If the order states that you are prohibited from entering the plaintiff's home (or a home you used to share), you will be charged with a crime if you enter the house even if the plaintiff has invited you. Violation of a temporary order is a Class D crime that carries penalties of up to 364 days in jail and/or a fine of up to $2,000.

Note: If the temporary protection order does not explicitly prohibit contact between the plaintiff and you, then contact is allowed as long as it is not abusive or harassing.

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