Will An Order Of Protection Be Placed Against Me In A Domestic Violence Case?
On some types of domestic violence charges, there is a mandatory issuance of an emergency protective order. We see those cases including aggravated assault with a deadly weapon, aggravated assault causing serious bodily injury or in strangulation cases. In these cases, there most certainly will be an emergency protective order that is issued at the time of arraignment. When a defendant is brought in front of a magistrate to be informed of the statutory warnings, this is the time in which they will find out whether or not a judge is actually going to issue an emergency protective order. An emergency protective order can be issued at the discretion of the judge on lower level domestic violence charges such as a first time domestic violence misdemeanor assault.
There are a couple of different sources that may generate the issuance of an emergency protective order. The arresting officer can file a request with the court that a protective order be issued. Additionally, the complainant or the alleged victim in the case can request an emergency protective order to be issued. The prosecutor can also request that an emergency protective order be issued. Sometimes we see situations where the complainant or the alleged victim tells the officer that they do not want a protective order and the Judge still decides to issue one. This is completely up to the discretion of the judge and the judge can, in fact, on his own motion, issue an emergency protective order although neither the officer, nor the prosecutor, nor the complainant or alleged victim requested the issuance of an emergency protective order. This is a decision that is solely up to the discretion of the judge.
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