What happens after an ex parte order?
What happens after an ex parte order?
If the respondent appears and doesn’t contest the order, the ex parte order will convert to a permanent order without any testimony. If the respondent appears and objects to the order, there will be a trial. You and the respondent will each testify and present evidence.
Do you need a lawyer for an ex parte hearing?
Procedural ex parte hearings are almost exclusively used by attorneys, as opposed to non-attorneys who represent themselves in family law matters. Procedural issues are less likely to be heard on an ex parte basis even if the hearing may held on an emergency basis.
How does a restraining order affect someone?
A restraining order is a court order intended to protect you from further harm from someone who has hurt you. It works to keep the abuser away from you, to stop harassing you, or keep the abuser from the scene of the violence, which may include your home, place of work, or apartment.
Is a restraining order a civil or criminal matter?
Generally, a restraining order is a civil rather than criminal matter, unless the District Attorney’s office is charging the person to be restrained with domestic violence. Restraining orders are also granted to people going through a divorce, legal separation, or paternity case.
What happens if a 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.
Can a domestic violence case be dropped?
Although the general policy of police is not to withdraw domestic violence-related proceedings, this certainly does not mean that it cannot be done. Assault charges and police AVOs can be withdrawn if you (or your lawyer) are able to convince police that there are good reasons to do so.
Can a victim change their statement?
A victim impact statement may be amended by the prosecutor in consultation with the person who wrote the statement before it is handed up to the court.
Can I plead the 5th in a domestic violence case?
Some domestic violence victims try to invoke the Fifth Amendment (i.e. the right against self-incrimination). It only applies if their testimony would cause them to incriminate themselves. Also, note that witness who refuses to testify can be held in contempt and jailed and/or fined.
