um.....there not be be a defense and a prosecution at a restraining order hearing. No one here can actual lot say what is going to happen because......no one here knows the background and who will actually be there and how it plays out varies from jurisdiction to jurisdiction. A prosecutor is only involved if it’s a criminal case. There doesn’t have to be a criminal case in order for a protection order to be sought.
Assuming everyone shows up...the defense gets to submit evidence and call witnesses. The prosecution also does this.
the judge takes it all into chambers to think it over and comes back with a ruling. Right then and there. If a restraining order is issued it becomes effective the minute the decision is handed down.
the courts are totally biased in favor of the one seeking the restraining order. For too long the pleas of the abused where not treated with seriousness by the courts....now the pendulum has swung completely the other way. The accusation alone is typically enough to get a favorable ruling.
and...forget about proving the witness (etc) lied. The court doesn’t care, and the district attorney doesn’t ever prosecute perjury.
if you are defending this charge...get a lawyer immediately. You cannot handle this alone.
Barb, Thanks for providing that valuable resource. People needing a restraining order or those fighting one against them will have the information needed.
Was a Petition filed? By an individual or an agency (such as APS)? Is it in a Circuit Court or lower court? Were you served with a Summons (i.e., you're a party defendant?) or Subpoena (as a witness)?
I would agree that an attorney is mandatory for self protection.
the judge takes it all into chambers to think it over and comes back with a ruling. Right then and there. If a restraining order is issued it becomes effective the minute the decision is handed down.
the courts are totally biased in favor of the one seeking the restraining order. For too long the pleas of the abused where not treated with seriousness by the courts....now the pendulum has swung completely the other way. The accusation alone is typically enough to get a favorable ruling.
and...forget about proving the witness (etc) lied. The court doesn’t care, and the district attorney doesn’t ever prosecute perjury.
if you are defending this charge...get a lawyer immediately. You cannot handle this alone.
Thanks for providing that valuable resource.
People needing a restraining order or those fighting one against them will have the information needed.
I would agree that an attorney is mandatory for self protection.
And I hope the situation works out well for you.