What to Do When Someone Files for a Protection Order Against You
Being served with a petition for a protection order can be confusing and overwhelming, especially if you are unfamiliar with the legal process. Whether you are being accused of harassment, domestic violence, stalking, or other misconduct, it is important to take the process seriously from the beginning. Here are a few tips:
- Know Your Court Date and Options for Appearing.
When you are served, the summons should include the date, time, location, and courtroom where your hearing will take place. If any of this information is missing or unclear, contact the court clerk immediately to confirm the details.
If you are unavailable on the scheduled hearing date, you must request a continuance—but be aware that each court has its own procedures for doing so. Failing to appear without arranging a continuance can result in the court issuing a default order against you. This means the judge may grant the protection order, including all requested restrictions, without hearing your side of the story.
Additionally, if you hope to appear remotely, check whether your court permits this. If that information is not provided in the summons, again, reach out to the court clerk for guidance. Don’t assume—make sure you know the rules well in advance of your hearing.
- The Power of a Written Response.
The respondent in a protection order case should almost always file a written response. A written response should include the background of the case, the facts you want the judge to know about the accusations of misconduct, the relevant legal standards, and a concise argument explaining why the petition should be denied.
A written response has several advantages.
First, it allows you to tell your side of the story carefully and thoughtfully, without the pressure of speaking on the spot. If you don’t submit a written response, you’ll need to present your entire case orally at the hearing—which can be stressful and makes it harder to explain everything clearly and completely.
Second, by writing out your response, you’ll gain insight into the strengths and weaknesses of your case. This gives you the opportunity to seek out additional evidence or prepare to address any problematic areas before appearing in court.
Third, a well-crafted written response gives the judge a clear understanding of your perspective before the hearing even begins. If done effectively, it can present you as reasonable, credible, and sympathetic—setting a positive tone for your case. Without a written response, the judge enters the hearing having seen only the petitioner’s version of events, which is often biased and unfavorable. Judges are human, and first impressions—especially those formed before the hearing—can be difficult to overcome once the case is underway.
Be aware, however, that anything you write or say in a protection order proceeding could be used against you in a criminal case. Protection order cases are civil, but the facts often overlap with alleged criminal behavior, such as domestic violence or harassment. If there is any possibility that criminal charges are pending or could be filed, consult an experienced attorney before responding. A lawyer can help protect your rights while still effectively defending against the protection order.
Finally, don’t overlook procedural requirements. Different courts have different rules about how and when written responses must be filed and served. In some counties, responses are due several days before the hearing; others may allow filing closer to the hearing date. Check your court’s local rules to determine the exact deadline. Missing it could result in the judge declining to consider your response at all.
- Support Your Facts with Credible Evidence.
While the rules of evidence are more relaxed in protection order cases than in formal civil trials, it is still essential to present evidence the judge finds credible and reliable. Most evidence is submitted through sworn testimony, either in the form of a written declaration or live testimony at the hearing. Whether it is you or a supporting witness, the person providing the testimony should swear to facts or verify the authenticity of physical evidence, such as text messages, voicemails, emails, or photographs.
Unsubstantiated claims carry little weight in court. Judges are looking for credible, well-documented, and specific evidence—not just blanket denials or general statements. Whenever possible, it is best to submit your evidence along with your written response in advance of the hearing. This gives the court and opposing party time to review it and helps avoid surprises or disputes about admissibility during the hearing.
- What Happens If You Don’t File a Response?
If you choose not to submit a written response, you can still defend yourself at the hearing, but you will need to be very prepared. You will have to testify under oath to establish your facts, discuss the applicable law, and then persuasively argue why the petition should be denied—all on the spot. While some people do succeed with this approach, proceeding without the foundation of a written response certainly increases your risk.
- Get Legal Help—Early.
Having a protection order petition granted can have serious consequences, including for your freedom, your custody arrangements, your job options, and your personal relationships. These cases can be extremely complicated, and there is no one-size-fits-all approach to defending them. An experienced attorney can help you. At Beresford Booth, our attorneys are experienced in every step of the protection order process. Please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.
