Westport Protective Order Hearings
For advice and representation during your Westport protective order hearing, you should reach out to a top criminal defense attorney. A protective order can have a serious impact on your life, and with help from an attorney, you may stand a better chance at a positive outcome.
How Long After an Ex Parte Restraining Order is Granted Does a Hearing Occur?
For a family or civil restraining order, a hearing is scheduled within 14 days of the ex parte being granted. However, if the respondent owns guns, the hearing will be within 7 days. Until this hearing, there is no way to contest a protective order.
Who Must be Present at a Protective Order Hearing in Westport?
In most cases, both the petitioner and the respondent should be present at a protective order hearing in Westport. The petitioner has the burden to prove the case to the judge, so they must be present. The respondent should also be present at these hearings. If neither the respondent nor his attorney appears, judgement will be entered against them by default.
What Types of Evidence are Used in Protective Order Hearings?
Protective order hearings in Westport are full evidentiary hearings. The judge will hear witness testimony, view exhibits, and make a ruling. A hearing can have several potential outcomes, and the information and evidence presented can have an enormous impact on the lives of the parties involved. For example, if the petitioner has lied, left out material information, or is not actually in danger, the judge will overturn the protective order. If the petitioner is credible and has evidence, such as texts, emails, voicemails, or eye witnesses, a judge may extend the protective order.
These hearings are governed by the rules of evidence, and many people do not realize how strict the rules can be for getting evidence in front of a judge. For this reason, it is invaluable to hire a protective order attorney who can help you navigate the rules and present your case in the most compelling way possible.
What is the Role of the Family Relations Officer?
The family relations officer interviews both sides and tries to broker an agreement. They ask many standard questions and compute a score that gives a safety assessment to the judge. The judge can then take the safety assessment into account when deciding on the protective order.
Because the safety assessment plays such a critical role in the outcome of a case, an attorney should always be present for your meeting with a family relations officer.
When Should I Contact a Westport Criminal Defense Attorney?
You should consult with a top defense attorney as soon as possible. The actions you take after an arrest can make a critical difference in the outcome of a case. A Westport attorney could stand by your side during a protective order hearing fight to protect your interests. Call Mark Sherman Law today for a consultation.