Q: Is Motion To Dismiss One Way To Beat Temporary Protection Order? Or Is Onus On Petitioner To Prove Respondent's Guilt?
I sent an eight page PDF to Family Court, detailing why I'm not violent and demonstrating how my ex-wife lies to get what she wants. I refute two offense claims she makes in the Temp Order Of Protection. Or is the burden more on her, to prove what she is accusing me of?
A: It is the petitioner who must prove the allegations
A: You should absolutely look into whether there are basis for a dismissal. Ultimately the Petitioner has the burden of proof, but it is somewhat a low burden (preponderance of the evidence). Consult a lawyer because Art. 8 of the Family Court has strict requirements as to Petitions for O.P. and you might be able to dismiss it before the Petitioner even has to make his or her case. Criminal Ops are a different discussion.
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