Hello.I have a final protective order hearing against my sons father on Thursday. I have photographs of injuries and proof that he is a reckless alcoholic. Yet i am still very scared and nervous because I dont know what he may use against me. What would cause me to lose the case? Or, what would automatically ause me to win? thank you
2 Answers from Attorneys
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Although the law says you have the burden of proof to establish that the respondent is a sufficient threat to you to mandate a protective order, the courts generally tend to resolve testimonial differences in favor of the complainant (you). If you received medical treatment following such an event, you should bring any such records, such as the discharge papers you should have gotten if this was at an E.R. or clinic. Even better would be a copy of the chart which you should be able to get from the hospital or doc's office. You can also bring witnesses who can back you up, especially if you made an immediate report of an assault to someone even if they weren't present at the time.