Civil contempt When a person faces civil contempt, it usually means that the judge makes another court order that tries to get the person to comply with the original protection order. Often, the judge will include a sentence (“sanctions”) or other provisions that do not include imprisonment. For example, a judge could revoke a person`s licence, change the provisions of a protection order to be more restrictive, or threaten to take the matter to criminal court if the order is not followed. Civil contempt is easier to prove than criminal contempt because the standard of proof in civil cases is usually “preponderance of evidence” as opposed to “beyond a reasonable doubt.” The preponderance of evidence means that the judge must consider that it is more likely that a violation occurred. The emergency protection order begins immediately and can last up to 7 days. The judge may order the abusive person to leave the house (if they live with you) and stay away from you for a week. This gives you enough time to go to court and apply for an injunction. When a victim contacts police to report a violation of the order, the police usually listen to the victim and review any evidence they have. If they believe that the order has been violated, the police may arrest the offender or take other action.
Police can usually enforce provisions around absenteeism, non-contact, cessation of abuse, exclusive use and possibly custody – those that require immediate intervention. If you can`t call them when the breach occurs, they should generate a report when you call them shortly after. In some cases, this can lead to a misdemeanor or criminal conviction and punishment. In States that allow it, these types of violations may also be dealt with later by the civil court, and it is often a good idea to bring them to the attention of the court. NOTE: Please ensure that the Family Violence Unit has your current address and telephone number. If you are moving or staying with friends, you will need this address. Make sure you can send your mail safely to the address you gave them. A stay-away order is a court order prohibiting a person from approaching and/or contacting another.
This is an order made by a trial court that prohibits a person from meeting or otherwise communicating with a person by means of communication. A protection order is issued by a judge and orders the defendant to stay away from you. The defendant must not enter your home or approach you at your place of work or school. If the defendant violates the protection order, a new charge could be laid and the defendant arrested. Other violations are not easily enforced by the police, such as failure to pay for assistance or participate in treatment programs – these are best enforced by the court. If you file a “contempt motion” with the court that made the order, explaining how the offender violated the order, the court will hold a hearing to determine whether the facts prove that the offender violated the order. In some places, the motion may have to be filed by the prosecutor. If the court finds that a violation has been committed, the judge will impose a penalty. Depending on the laws in your jurisdiction and the nature of the violation, the sanction may be a finding of contempt, which may result in a fine, imprisonment, or both. The violation may also be a reason for the order to be extended or modified in any way. Please select your state from the drop-down menu above to learn more about the injunction laws in your state.
You can also watch short videos about protection orders on our video page. To learn more about the difference between a civil injunction and a criminal injunction, go to Overview of Civil Law vs. Criminal Law in the Basics of the Court System section. Below you will find general information about injunctions and violations of injunctions. b. grant you or another family member possession of the home or household, excluding deportation of the offender; or order the offender to leave the premises, or (if the offender is required to ask the offender to provide suitable alternative accommodation; The judge also considers facts such as whether the defendant has a job, has been convicted of a violent crime against a family member, violated protection orders in the past, the extent of your injuries, and other information. 2. The judge shall decide whether or not to abandon the order no later than the following working day.
Sometimes the judge decides earlier. The clerk then sets a date for a hearing. 10. Warn neighbours to call the police if they see the defendant in your home. It`s harder to find free or low-cost legal aid if you`re responding to an application for a civil injunction. But you should try anyway, as legal aid agencies have different policies and your local bar association may have a volunteer lawyer program that can help. Click here for help finding a lawyer. The judge considers many different factors when determining bail. There are different types of links: Your court`s PSC may also be able to help you with the civil harassment order or refer you to someone who can. To obtain a criminal protection order, you must be present at the indictment court.
As a rule, a hearing is held to justify the reasons for the criminal protection order. There must be a hearing that gives the judge and the defendant`s lawyer an opportunity to hear what happened and why you want the protection order. An injunction (also called a protection order) is a court order that can protect a person from physical or sexual abuse, threats, persecution or harassment. The person who receives the injunction is called the “protected person”. The person subject to the injunction is the “detained person”. Sometimes injunctions target other “protected persons” such as family or household members of the protected person. We are aware that it is not practical to go back to court. We ask for your cooperation because we are one of the busiest courts in the country. If you work near downtown, we may be able to offer you on call. Please check with your domestic violence unit lawyer or attorney to see if you will be placed “on call”. Unfortunately, it is not possible to schedule court appointments based on your work schedule, vacation, etc.
4. The person seeking protection must “deliver” a copy of all the documents of the injunction to the other person before the hearing.