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What Happens in terms of Evidence in a Restraining Order?

  • Posted by Alexander Nesson
  • On March 2, 2020

In a Restraining Order the Judges are encouraged to use fundamental fairness in making decisions regarding evidence. Many of the rules that you would otherwise see in a criminal or civil trial such as hearsay, authenticity of evidence is flexibly applied by the court. The Judge can also ask you questions, and the other side is allowed to cross examine you as long as it is not to harass or intimidate you.  If the Defendant does not appear in court, they forfeit their day in court and the Judge will still hold the hearing, but the Plaintiff still needs to give proof.