so you would start with the definitions
those are on page five at thirty six
three six and one you know do I have
proof is my client making allegations or
if you're defending do they do their
allegations
uh rise to the level that they meet the
criteria listed in these definitions and
I think the if you're defending you know
that can be hard because this isn't a
situation most of the time where you've
had Discovery you're literally in a
trial by Ambush situation where you're
going in and you might not know all of
the proof they have so then what are you
looking for you're looking for what I
was talking about earlier you're looking
to make objections that they failed to
make a prima fascia case because
whatever you've been provided a copy of
in the petition does not contain
allegations that rise to that level and
and usually a good indicator is if you
see someone who couldn't get the ex
parte order it's probably because the
um
whoever whether it was a judge or or a
Magister or whoever was looking at the
petition that they
did not see a prima facie case being
made or they would have issued the ex
parte because I do think ex parte orders
of protection can be a lot like an
indictment and there's that saying you
know and this is no offense to prosecure
but there's that saying that you could
indict a ham sandwich but that doesn't
mean you can convict them so you can get
an ex parte order of protection
I think
frighteningly easily sometimes but if
they didn't even get the ex parte that's
can be a good indicator that the
petition doesn't have
uh what it needed in order to satisfy
the criteria and I've had cases like
that where they
well
I won't even get into the details but I
mean I think that's your first you know
signal hey if they didn't get the ex
parte why wasn't it issued and what
objections can I make before we even get
into the proof because if they fail to
make a prima fascia case with this
petition we're done
um
and then I'm going to ask that the
position can be dismissed and then it's
you know whether or not the person's
quick enough to amend or file another
one or whatever else they're going to do
um
how so what proof do you need is
anything that proves those allegations
and then remembering that
you have you start out with one stand or
or I'm sorry you're starting out with a
preponderance of the evidence standard
and going back to what I was saying
earlier that's why I was bringing up the
fact that they have a different standard
than you so when the criminal defense
attorney starts letting you know they've
got you covered and you don't need to
get the order of protection against
their client
um that's probably the kindest way to
end that conversation is just to say
that's great I really appreciate it but
I don't have a Beyond A Reasonable Doubt
standard and that's what you have or uh
the prosecutor has against you so we're
going to go ahead and Safeguard our
client with this preponderance of the
evidence
um ex parte or whatever you know if
you're adjudicating it's different