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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23417
Experience:  9+ years defending Misdemeanor and Felony cases.
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I was the victim in neighborhood dispute in which the ...

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I was the victim in neighborhood dispute in which the husband physically pushed me and the wife aimed a gun at my head. The wife was charged with brandishing a firearm and i was told the husband would be charged with simple assault. I filed for restraining orders against both of them. Two issues: I expected the restraining order case to occur after the case for brandishing was heard; and I expected charges to be filed against the husband and they weren''t. Can I go to court for the case and request a delay until the other case is heard?
The restraining order will be heard before the criminal charges against the defendants. The reason being, is for your protection. I understand that you most likely will want this couple away from you as much as possible but a condition of their release prior to their trials, will be no victim contact. If there is a restraining order in place and they violate the contact order, they will have to go back in front of the Judge and explain why they failed to comply with the Judges order. If they are a threat to you and the neighborhood, the Judge could hold them in jail, until the cases are resolved. I am not sure why you would want a delay for the hearing on the restraining order. It will have no impact on the outcome of the charges facing them and it is for your protection. If they violate the restraining order, the consequences towards them are severe. The charges against the husband can be filed, once the State has enough information to prosecute. At some time, they should contact you for a statement.
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Customer: replied 8 years ago.
Reply to CrimDefense's Post: The reason I was thinking about a delay is I do not have a lawyer and am not prepared with witnesses for this case so I am concerned I will not prevail in the judgement.
I understand. If you have any evidence to present, such as the police report, you should bring that along. Some documentation which is the basis of the RO, would help the Judge to rule in your favor. The Judge is going to want to see that your are in fear of your life or serious bodily injury. If he/she is convinced of this, he will rule in your favor. If you have a witness to testify to the events, you could ask for the hearing to be re-set. Moreover, if the other party does not show, the Judge will grant the motion, as well.
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