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MAIMING & PROTECTIVE ORDERS
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Beginning in
2003, victims of maiming may be eligible to petition for a protective
order. To qualify, the victim must have sustained "bodily injury"
and a warrant must be pending. Petitions are filed through the
General District Court Clerk's Office. Protective Orders are a civil
process independent of the criminal trial. Once a petition is filed,
the victim (petitioner) will be given a day to return to court for a
hearing. The hearing may be held on the same date the petition is
filed out in some cases; when this happens, the victim (petitioner) must
return to court on a later date for a full hearing. The defendant
(respondent) must be notified of the full hearing date and may be present
on the day of the hearing. When the hearing takes place, the judge
will ask the victim (petitioner) to explain why he or she requests a
protective order and the victim will then be given the opportunity to
testify. The defendant (respondent) can then respond to the
allegations. After all the evidence is heard from the victim
(petitioner), the defendant (respondent), and any witnesses for either
side, the judge then makes a decision. If the judge feels that the
evidence is sufficient, he or she can enter a protective order that lasts
up to two years. Both parties will receive a copy of the protective
order. That protective order information is then submitted to the State
Police so that it can be added to the defendant's criminal history
information. If the defendant (respondent) violates the protective
order, he or she can face additional charges.
Note: Because
protective order hearings are separate from the criminal charge, victims
and defendants will still need to appear for court for any criminal
hearings that might be pending.
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