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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 25245
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I am up against an Order of Protection! Everything in the report

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I am up against an Order of Protection! Everything in the report is a lie and I have proof and can easily bring witnesses. (my husbands family does not want us back together and are trying to stop us from reuniting by forcing his hand with this order). Can he bring to the hearing anything NOT listed in the original report that I have to/need to be prepared for any multitude of lies?

Can I sequestor certain family from the court room even if he wanted them as witnesses?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX X'X a Criminal Law litigation attorney. Thanks for your question.

Yes, he can bring other witnesses or documents that aren't listed in the report. IF you want time to review all evidence, you can ask the judge to give you some time to conduct discovery and find out all proof he plans on presenting.

Also, you can request that the judge order that the witnesses be kept separate and remain out of the courtroom while the other witnesses are testifying.

Customer: replied 1 year ago.
So, I have to allow them to be witnesses, but can request them to do so one at a time? I can also do that with his children since he will be in the court room and has custody, their mom does not have to be in there... I am wanting to put restraining orders against several people due to an event on Friday... I was told I should wait until after this hearing so it doesn't look like I am desperate, should I get it before? Would this prevent them from being witnesses or add to the mess? (which it already is!)
Expert:  Roger replied 1 year ago.

Yes, your husband can call any witnesses that he wishes. You can't stop him from calling anyone. However, your husband can't have all of them testify one at a time - - you can demand that they all testify separately and you can ask that they all not be allowed in the courtroom if they're not testifying. Also, you can ask that they be held in separate witness rooms before testimony is given.

If you want to seek restraining orders against these people, it is likely that you're better off to seek the restraining orders as soon as you can and possibly have the judge hear your requests for these restraining orders at the same time the other matter is brought up.

Customer: replied 1 year ago.
I moved home Friday with no problem. Then his family showed up and ran me off due to the danger. I am waiting on the police report which has been hard to get bc of the holidays... Would this also be a good time to have a judge allow me back in the home; or it really won't matter bc if my case is dismissed, an restraining orders are put on his family... we should be fine after that. We talk perfect when his family is not around!!! I just don't know if I should ask a judge about living there when legally I already can and did move in Friday!

Is the Clerk of Court the only way to file a restraining order? I am almost positive the family knows her personally and she is giving them a heads up on every event, etc... I would rather go through someone else with help, but I need to do it now.

Just so I understand, directly prior to the hearing he must present me with a list of witnesses? I can request time to review any items he has, not personal notes though? just actual info? Do I have to do the same or only on request?

I believe that is everything... Thank you for taking time!!!
Expert:  Roger replied 1 year ago.

Unless you're concerned about your personal safety, you can return to the house get your unless there's an order preventing it. Also, if you do get your restraining orders, they would be prevented from coming to your property.

Yes, the clerk's office is the only way to get a restraining order request filed.

He doesn't have to give you a list before the hearing, but if you want a list, you can ask the judge to continue the hearing and ask for a witness list to be provided before the case resumes.

Also, yes you're entitled to any witnesses or documents that you need - - but not personal notes.

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 25245
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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