Receiving a petition from the court can be quite frightening. Often it involves sensitive matters, such as divorce, dealing with children or the termination of an employment contract. Many individuals do not know what a petition exactly is and what they should do.

Important to know: if you do not respond, the judge decides only on the basis of the petition of the other party. That can have big consequences. In this article, we explain step by step what a petition is, how you can defend yourself and which mistakes you absolutely must avoid.

What is a petition?

A petition is an official document with which someone asks the court to make a decision. Unlike a summons (which calls you for a lawsuit), a petition involves a written request to the judge.

Examples of petition procedures are:

• Family law: divorce, custody, visitation or alimony.

• Labor law: request for dissolution of an employment contract.

• Civil law: administration, guardianship or disputes between neighbors.

The court sends you a copy of the petition, together with a letter indicating how and within what period you can react.

What happens if you do nothing?

If you do not defend:

• The judge makes a decision solely based on the petition.

• The other party often gets completely right.

• You are bound by the judgment, even if you disagree with it.

👉 Not responding therefore means that you run a big risk of losing the case.

How do you defend yourself?

1. Read the petition carefully
   Check who has made the request and what the case is about.

2. Check the deadline
   The letter from the court states within how much time you must react. This is often a few weeks.

3. Get legal help
   An attorney can estimate your chances and prepare a strong written defense. In many procedures (such as divorce or employment matters) an attorney is even required.

4. Submit a defense
   This is your written response to the petition. Here you explain why you disagree with the request of the other party.

5. Court appearance
   Sometimes there is an oral hearing in which both parties explain their positions. Your attorney then assists you.

Examples from practice

• Example 1 (divorce): A father received a petition from the mother requesting sole custody of the children. With a defense, we could demonstrate that joint custody was in the interest of the children. The judge denied the request.

• Example 2 (work): An employee received a petition for termination of his employment contract due to alleged underperformance. Thanks to defense, he not only received the transition allowance, but also an additional equitable allowance.

• Example 3 (guardianship): A family member filed a request for guardianship. By defending, we were able to ensure that an independent guardian was appointed instead of the designated family member.

Checklist upon receiving a petition

• 📄 Read the petition and the accompanying letter from the court.

• ⏳ Note the response deadline and don’t wait until the last moment.

• ⚖️ Engage an attorney immediately (often required).

• 📑 Collect evidence that supports your position.

• 📝 Ensure a defense is submitted in time.

Common mistakes

• Ignoring the petition in the hope that it’s not too bad.

• Responding too late, causing the judge to only hear the other party.

• Trying to respond without an attorney, while this is not legally valid in many cases.

• Not providing evidence to support your defense.

Frequently Asked Questions (FAQ)

1. What is the difference between a summons and a petition?
A summons is a call for a procedure at the court, a petition is a request for a judicial decision.

2. Do I always have to engage an attorney?
In many procedures, such as divorce or labor issues, an attorney is required.

3. How much time do I have to react?
The term varies, usually a few weeks. The letter from the court states the exact deadline.

4. Can I give my defense orally as well?
No, you must always respond in writing with a defense. However, an oral hearing sometimes follows.

5. What if I don’t defend?
Then the judge decides based on the petition and you run a big risk that you will lose the case.

Why Arslan Advocaten?

• Specialized in petition procedures

• Support with family law, labor law and civil law

• Experienced in preparing strong defenses

• Regularly achieve favorable outcomes for clients

Conclusion

Receiving a petition is serious: it means that there is a legal procedure against you. By defending yourself in time and engaging an attorney, you significantly increase your chance of a positive outcome.