MOU ZHENG LAW FIRM
Failure to appear in court when you are the target of an order of protection may result in serious consequences. A judge may award the order taking into account only the victim’s side of the story. When you fail to offer evidence on your own behalf, the court’s decision may affect substantial rights such as child visitation, housing options, and gun rights.
The Order of Protection
When a victim suffers either abuse or violence, he or she has the option to seek an order against the perpetrator. Even the threat of violent actions could help the protected party to acquire an order of protection or a restraining order. The order itself gives the victim protections against the target from possible violent outbursts, harm, injury and even certain words or actions. The individual seeking the order could ensure safety to family and friends in a similar fashion or impose additional restrictions on the target through a decision granted by the judge. The target will receive a notice of the order and a hearing of the issue.
The Hearing of the Order
While the protected party explains the situation to the judge, the other person may arrive in the courtroom to hear the argument or to present a counter argument against the need for an order of protection. However, the victim usually has evidence through medical files, emergency treatment or physical proof from bruising or lacerations. The hearing will determine if the judge should issue the order of protection and what conditions will attach that restrict the ability and communication with the target. Some provisions of the order will depend on the state and the circumstances that necessitate the use of an order of protection.
Missing the court date and all the details contained in the case will harm the target if he or she ignores going to the courtroom. Conditions laid out by the judge will impose various restrictions and limits on the activity and actions of the person on the order of protection. He or she may not have contact, remain in a certain distance or communicate with others connected to the protected individual. If the judge puts additional provisions in the order, the aggressor may also lose custody of children and see other penalties or increased limitations.
The Violent or Harassing Behavior
The order of protection is generally in place to stop or prevent violent outbursts, aggressive actions and harassing behavior of the target. He or she must refrain from stalking, harassing words and actions and keep from any emotional outbursts the protected party may construe as aggressive or possibly harmful. The goal of the order is to stop this type of situation from occurring and protect the spouse or child. Another action connected to these incidents is the moving out of the spouse or kicking the aggressor out of the property. Some may even seek emergency custody before the order may remove custody with the individual.
Depending on the state, the person that ignores the hearing for an order of protection may violate the order by attempting to communicate or contact the protected party. Some states use the order of protection as a means of restraining the individual from those protected by the order. Notice of the hearing is mandatory, but the attendance of the target is not. Because of this, the judge may proceed with implementing a valid order even if the person it targets is not present in the courtroom. Often, the judge will issue a temporary order to give immediate protection against the aggressor.
The Effective Order
While the temporary order is effective for up to twenty days, it does not require notice to the target with the court. However, when the order is in effect, the aggressor will receive a copy of the order along with notice if the individual seeks a renewal or a written order that is longer than the temporary order. The detriment of not attending the hearing is that the target of the order is not able to testify about the matter before the judge.
Legal Help with an Order of Protection
If the target fails to attend the hearing, he or she may petition the court at a later date to attempt to reverse an invalid order. He or she will need a lawyer to present the case.
