Scenarios that can be expected at VPO court if the Abuser is served. The Abuser has to be served with a copy of the Protective Order prior to the hearing. If service is successful the following are some scenarios that you can expect.
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YES
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The abuser shows up to the court appearance.
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NO
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The Judge can grant the VPO for up to 5 years by default.
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YES
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YES
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The Abuser agrees with the order being put in place.
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The Abuser has criminal charges pending as the result of his abuse to the petitioner?
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The Abuser disagrees with the protective order.
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YES
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A full hearing will begin to hear the facts.
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YES
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YES
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The Judge can put the order in place up to 5 years.
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The abuser has the right to remain silent, as anything that he says in a VPO hearing can be used against him in his criminal hearing. Does the abuser choose to testify?
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NO
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The court hearing will be continued for a period of time as set by the Judge. The follow up hearing is usually scheduled from 30-90 days, however can be longer or shorter.
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If either party is represented by an attorney a continuance can be requested and if granted a date to come back will be schedluled.
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At this point the judge will hear from the petitioner first. At this time you will present any evidence of the abuse, witnesses to the abuse, medical or police documentation, etc. The Judge will ask both parties any questions he has, your attorney may also guide you through questions as well.
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YES
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There will be a full hearing to present the VPO case to the Judge.
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The Judge will either grant the order or he will deny it or in some cases will continue the order to another date or before another judge.
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If the VPO is granted it can be granted for up to 5 years. Keep a copy of the order with you and your children (if they remain on the order). Notify your Police department of the order, they may want a copy. If the order is ever violated, call the police to enforce the order.
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If the order is continued to another date before the VPO judge or sent to a divorce/custody judge, then you will need to reappear with all of your information, including any new information, prepared to provide any other needed testimony.
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If the order is Denied, get with your advocate to discuss safety planning, documenting new incidences and refiling options.
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VPO Court: Scenarios to Expect
