Understand Your Relief From Abuse Hearing (Defendant Version)

Summary

The script provides information for defendants attending a hearing regarding a relief from abuse order filed against them. Judges and law enforcement explain the hearing process and possible outcomes, including agreed orders or contested hearings. They outline what constitutes abuse under the law, the plaintiff's burden of proof, what no contact and stay away orders entail, differences between family court and criminal court orders, the consequences of violating orders, and the process for requesting changes to orders.

Takeaways

• 😀 The purpose of the program is to provide information and preparation for a family court hearing regarding a request for relief from abuse.
• 😮‍💨 Both plaintiffs (those requesting relief) and defendants (those requests are against) attend, in separate sessions.
• 🧐 Judges explain what to expect in the hearing - it may result in an agreed order or contested hearing with testimony.
• 😥 The plaintiff must prove abuse occurred meeting legal standards; defendant can dispute.
• 😠 An order may dictate no contact, distance requirements, child custody and more.
• 🚓 Police enforce orders; violations are crimes resulting in arrest.
• ⚖️ Changes to an order must go through court; parties cannot independently alter it.
• 🤝 An agreement between parties to violate an order is still a crime if violated.
• 🤔 Questions remain, get legal help regarding proceedings and any resulting orders.
• 😊 The program aims to provide information for safety and protection.

Q & A

What is the purpose of the family court program described in the transcript?

The purpose of the family court program is to provide information to both plaintiffs and defendants about the relief from abuse court process, what to expect at the hearing, and the possible outcomes.

What are the two ways a final relief from abuse order can be issued?

The two ways are: 1) By agreement between the plaintiff and defendant, where the court decides the terms after input from both parties. 2) After a hearing where the judges listen to testimony from both parties and then decide whether to issue an order.

What legal standard must be met for a judge to grant a final relief from abuse order?

The plaintiff must prove that abuse has occurred and that there is danger of further abuse. The judge will listen to testimony from both parties before deciding.

What should both the plaintiff and defendant be prepared to testify about at the hearing?

Both parties should be ready to provide details about any incidents, including the date, time, location, who was present, if drugs/alcohol were involved, if any weapons were present, exactly what happened, what was said, the effects of the incident such as injuries, and any medical treatment.

If a relief from abuse order is granted, how long does it remain in effect?

A relief from abuse order remains in effect until the expiration date stated in the order. Only a judge can change or end an order early.

What should you do if the relief from abuse order states no contact, but the plaintiff contacts you?

If the order states no contact, you must not respond or reply, even if the plaintiff initiates contact. To change the no contact provision, you must file a written request with the court.

What happens if you violate a relief from abuse order?

Violating a relief from abuse order is a crime. You may be arrested and charged by the state's attorney for violating the order.

How can a relief from abuse order be changed?

To change a relief from abuse order, you must file a written request with the family court. Both parties agreeing to change the order does not mean the judge will approve the change. A hearing may be scheduled to decide on any request to modify an order.

If a temporary relief from abuse order expires, does that affect other court orders?

No, the expiration of a temporary relief from abuse order does not impact other court orders like conditions of release or probation.

If the plaintiff's request for a final order is denied, can the plaintiff file again in the future?

Yes, if the plaintiff's request for a final relief from abuse order is denied, the plaintiff can file a new request in the future if another incident occurs.