What is the purpose of a temporary restraining order?
What is the purpose of a temporary restraining order?
A Temporary Restraining Order (TRO) is a court order of limited duration. A TRO commands the parties in the case to maintain a certain status until the court can hear further evidence and decide whether to issue a preliminary injunction.
What is a Mutual stay away order?
A “mutual” order of protection prohibits BOTH parties from abusing, molesting, or interfering with the privacy or rights of each other. the judge would hold a hearing where both you and the abuser present evidence; the judge must believe that you both were primary aggressors and neither of you acted in self-defense; or.
How do I get around a no contact order?
Speak to the domestic advocate and tell her why you want the no-contact order dropped. She should assist you. If the court date is out too far appear in court at the next date for the town prosecutor go to the clerk’s office and have the case brought to the judge.
What happens if victim refuses to testify?
If a witness in a criminal case refuses to testify, he or she could be found in contempt of court (Penal Code 166 PC). Being found in contempt of court can result in jail time and/or a fine. A victim in a domestic violence or sexual assault case, however, cannot be jailed for refusing to testify.
Does the victim have to go to court?
Before the hearing date or any other date the victim is required to attend court, the police officer in charge of the investigation is responsible for making contact with the victim by letter or phone. They are also responsible for explaining the trial process to victims of crime and explaining the role of a witness.
What happens if victim doesn’t go to court?
The police may ask the Magistrate for an adjournment if the alleged victim, who has previously provided a signed statement, fails to attend court on the hearing date. The Magistrate will then decide whether to adjourn the hearing to another date, or refuse the adjournment.
How long do domestic violence trials last?
Those accused of domestic violence crimes have the right to a jury trial. Jury trials may take several days to weeks while various members of the jury hear evidence and testimony both against and for the defendant.
How long can they keep you in jail before seeing a judge?
Following your arrest, the next step in the criminal process is the arraignment. California Penal Code section 825 requires that a defendant being held in custody for a misdemeanor or a felony must be brought before a judge “without unnecessary delay” and within 48 hours of his or her arrest, excluding Sundays and …
