What Happens in a Hearing for an Order of Protection?
People can seek orders of protection against anyone who has abused them, including current or former spouses, boyfriends or girlfriends. Ask for orders of protection at your local courthouse.
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Defendant Agrees
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If the defendant shows up in court and agrees to the order of protection, the judge will likely serve it without a hearing. If the defendant fails to appear, the judge will listen to the plaintiff's story and usually grant the order.
Defendant Disagrees
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If the defendant doesn't agree to the order of protection, a hearing will begin. Court officials will swear in those set to testify.
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Plaintiff Testimony
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The plaintiff testifies to the judge why he should grant an order of protection against the defendant. The plaintiff asks for the order to last a specific length of time, and brings witnesses or documents to bolster the testimony.
Defendant Testimony
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The defendant refutes the plaintiff's testimony. He defends his actions and tells the judge why an order of protection isn't necessary. The defendant can also bring witnesses to court.
Rebuttal
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After the defendant speaks, the plaintiff can ask questions or tell the judge about any concerns he has regarding the defendant's testimony.
Decision
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After hearing both sides, the judge issues his decision. If the judge awards an order of protection, the court will immediately serve the defendant with the paperwork. Either party can appeal the judge's decision if unhappy.
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References
- Photo Credit judge 5 image by Mykola Velychko from Fotolia.com
