Challenges to Orders of Protection

Once a party has been served with an Order of Protection, he or she has the right to request an evidentiary hearing to challenge same. If the Order of Protection grants exclusive use of a residence, then the Court is required to grant an evidentiary hearing within five judicial days of the request. Otherwise, the hearing must be set within ten judicial days. The Court will hold an evidentiary hearing and determine whether sufficient evidence has been presented to find that domestic violence has occurred or is likely to occur. Most judges limit the testimony being presented to those incidents of domestic violence set forth in the Petition for Order of Protection.