WHAT HAPPENS AT THE CPO HEARING
You should On the day of your CPO hearing, show up on time at 8:30am in either courtroom 113 or 114(it will tell you on the notice you received). Remember the lines to get into the courthouse maybe long, so arrive early. If you do not appear in court and/or ask for a continuance in writing, a warrant will be issued for your arrest and a CPO may be entered against you in your absence.
PRIOR TO CASE BEING CALLED
Prior to the hearing, an attorney negotiator will meet with you. Ask questions if you do not understand, but remember that the attorney negotiator is not your lawyer and cannot give you legal advice.
WHAT HAPPENS DURING THE CPO HEARING
During the CPO hearing, you will be given an opportunity to present witnesses and evidence. The burden of proof is on the petitioner. However, the burden is the petitioner to prove by a preponderance of evidence, (i.e. this preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence). If the judge finds in favor of the petitioner after an evidentiary hearing, a CPO will be entered against you. This is why it is important to consult with an attorney before proceeding to a CPO hearing.
IF A CPO IS GRANTED WHAT COULD HAPPEN
The Court has a multitude of things it can order you to do if a CPO is granted. The Court could require you to go to mental health counseling, participate in anger management, participate in the domestic violence program, require for you to relinquish all guns and/or weapons, order you not to use drugs/alcohol during the period of civil protection order, etc.
This is why do not take this lightly. If nothing else call us for a free consultation.
We are attorneys that have done civil protection orders for overly 20 years. We are very experienced with handling these types of cases.
wHAT ARE SOME WAYS TO RESOLVE A CPO
There are four ways in which a CPO can be resolved: (1) through an evidentiary hearing and the judge issues a Civil Protection Order; (2) by consent with an admission by the Respondent that the domestic violence has occurred (but who in their right mind would do that!); (3) by consent without admission that the domestic violence has occurred (sure you can take this option and DIY, but there are consequences to this and we’ll discuss this later); (4) by private agreement between the parties and the court dismiss the CPO case (usually without prejudice)