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  1. #11
    Join Date
    Jul 2019
    Posts
    6

    Default Re: Is a Protection Order Likely to Be Granted

    Ok, thank you. I figured my daughter would need to testify in person at some point, but didn't realize she would need to go to the initial hearing that was scheduled, or that I was expected to bring the cashier and manager in person. I don't think I would be able to get these people to show up to court on such short notice, but can obviously take my daughter.

    For reference, here is the timeline:

    7/10: store incident and police report

    7/12: went to Family Court and submitted petition. Waited to see if judge would see me that day, but it was deemed not an emergency. I was given a piece of paper with the initial hearing date and time, but no other instructions
    .
    7/18 scheduled Initial Hearing day

    Could you please let me know what I should expect at this hearing? I thought it would be the same as if the judge had agreed to see me on 7/12, just with an appointed time, to review the petition and ask questions. Am I supposed to go in with witnesses at this point?

  2. #12
    Join Date
    Mar 2013
    Posts
    17,218

    Default Re: Is a Protection Order Likely to Be Granted

    I think that the hearing is to decide whether or not to grant you the protective order.

    That's when you bring your documents, your daughter, and your witnesses.

    I doubt that it's for the judge to say "Hi, everybody, let's schedule a hearing."

  3. #13
    Join Date
    Jun 2014
    Posts
    3,082

    Default Re: Is a Protection Order Likely to Be Granted

    Quote Quoting adjusterjack
    View Post
    I think that the hearing is to decide whether or not to grant you the protective order.

    That's when you bring your documents, your daughter, and your witnesses.

    I doubt that it's for the judge to say "Hi, everybody, let's schedule a hearing."
    Wouldn't this hearing be to determine if a Temporary Order is issued ? The next hearing would have her mother their to hear her side. It would also allow time for the OP to request subpoenas be issued to the manager and cashier.

  4. #14
    Join Date
    Jul 2019
    Posts
    6

    Default Re: Is a Protection Order Likely to Be Granted

    Quote Quoting Mercy&Grace
    View Post
    Wouldn't this hearing be to determine if a Temporary Order is issued ? The next hearing would have her mother their to hear her side. It would also allow time for the OP to request subpoenas be issued to the manager and cashier.
    That is what I was wondering as well. Three business days (since I left the courthouse around 2:45 PM on Friday), seems like little time to prepare much of anything for either side. If they mailed a notice to my mother on Saturday (which is generous, since the building closed at 4:30PM), it likely wouldn't be received until Tuesday mid-morning at the earliest, and the hearing is at 9:30 AM on Thursday.

    Would a statement to the police from my daughter, the cashier and the manager be any more admissible for this Initial Hearing? My daughter was there and included in the police interview, but he did not ask for a separate statement from her. She looks young for her age, so perhaps he didn't put together (although he did take her birthdate) that she was a legal adult and advise appropriately.

  5. #15
    Join Date
    Mar 2013
    Posts
    17,218

    Default Re: Is a Protection Order Likely to Be Granted

    You still need evidence for even a temporary order. The best evidence is witnesses testifying in court.

    Go in with half measures and you might not get the temporary order.

    I don't know. I'm not clairvoyant. I don't know what is going to happen at the hearing. But if I wanted any hope at all of stopping a lunatic I'd be prepared to go all in at the first chance.

  6. #16
    Join Date
    Jul 2019
    Posts
    6

    Default Re: Is a Protection Order Likely to Be Granted

    I wanted to give you an update on my petition, since the Initial Hearing happened this morning.

    I did take my daughter, a written statement from the store manager, and a significant amount of evidence of her pattern of behavior. My mother brought a literal entourage, at least 7-8 people (including children), mostly family members who dropped the rope and haven't contacted me in 15+ years, and only one who witnessed the first part of her event at the store. She showed up in flip-flops and shorts...

    The court officer said there was no need for my daughter to go in today, so she waited in the lobby after I asked the other security officers to watch her and keep others from approaching her. I went in first, but I suspect my mother tried to take EVERYBODY in there with her. She somehow was able to take 2 people, neither of whom were there at the store.

    The actual hearing took less than 10 minutes. The judge asked us both if we wanted a lawyer, and I expressed that I would prefer the matter be resolved today. The judge was no-nonsense and asked what I wanted. I said essentially for my family to be left alone and not to be able to be approached in a store or my home. My mother was fairly animated, shaking her head, trying to redirect the judge to other issues from our rocky past, trying to say there were lies in my petition, and trying to get the other people in the room included somehow. The judge shut her down at every step, and even put her hand up to cut her off...twice

    The judge never asked for testimony, or to see any statements. She did not seem to question my version of events in the slightest.

    In the end, she gave my mother 3 choices:
    1- Agree to events in the petition, and enter into an order
    2- Disagree with the petition, and enter into an order
    3- Disagree with the petition, and go to trial

    She ended up going for #2, and was served the final order of protection and had it explained to her right in the lobby in front of her group, and all the other people gathered there. It was delicious.

    I truly believe she didn't ask for a trial because she knew it wouldn't go well for her in anyway. I feel like a weight has been lifted.

    I'm not sure how many advice seekers come back to let you all know how it went, and I definitely wanted to do that. Thank you all for your time and opinions. They were all appreciated!

  7. #17
    Join Date
    Oct 2016
    Posts
    3,297

    Default Re: Is a Protection Order Likely to Be Granted

    Quote Quoting Arti
    View Post

    I'm not sure how many advice seekers come back to let you all know how it went, and I definitely wanted to do that. Thank you all for your time and opinions. They were all appreciated!
    I am glad it worked out for you. And it is appreciated when we hear the outcome. Especially when it is positive.

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