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Once the defendant is served the hearing begins with the person seeking the protective order, Petitioner, presenting witnesses and evidence in support of the VPO. The defendant or defense attorney is allowed to ask questions of each witness and contest the evidence presented by the party seeking the protective order.
The court may, for good cause shown at the hearing, issue any emergency ex parte order that it finds necessary to protect the victim from immediate and present danger of domestic abuse, stalking, or harassment. The emergency ex parte order shall be in effect until after the full hearing is conducted.
A victim of domestic abuse, a victim of stalking, a victim of harassment, a victim of rape, any adult or emancipated minor household member on behalf of any other family or household member who is a minor or incompetent, any minor age sixteen (16) or seventeen (17) years, or any adult victim of a crime may seek relief ...
?Mutual protective order? means a final protective order or orders issued to both a plaintiff who has filed a petition for a protective order and a defendant included as the defendant in the plaintiff's petition restraining the parties from committing domestic violence, stalking, harassment or rape against each other.
An Alias is a continuation of time for an Emergency Protective Order and may be issued by a judge at a full hearing on a protective order when an opposing party/defendant has not been served with the petition and emergency protective order.
As a first offense, violating a protective order is treated as a misdemeanor crime. It is punishable by up to a year in the county jail, or a fine of up to $1,000, or both. In domestic abuse situations, a protective order may be violated repeatedly. A subsequent violation of a protective order is a felony offense.