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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
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Experience:  9 years legal experience
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As the result of a confrontation between my son and his now

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As the result of a confrontation between my son and his now ex-fiance my son is facing a restraining order and terroristic threat charges ( CC:12-3A). He has a lawyer consultation this Monday in the afternoon and will more than likely be represnted in court Thursday. The restraining order court Monday is in the morning so he will have no opportunity to seek legal advise before going to court. We don't feel comfortable in assuming that this Monday court appearance is of no consequence and will not effect the more important threat charges court Thursday. Is there any tips/advise that can be given in preparation for the restraining order court apperance Monday morning?
Submitted: 10 months ago.
Category: Legal
Expert:  Hammer O'Justice replied 10 months ago.
Hello.

It is a good idea to be concerned about Monday's hearing. Whether or not a restraining order is granted will likely not affect the criminal case (the judge decides to grant them based on a different standard of proof than the beyond a reasonable doubt standard in a criminal case so the fact that one is granted is basically irrelevant) but if he testifies or says anything in the hearing, it is all being recorded and can be used against him later. Moreover, if this is a final restraining order hearing, if the order is granted it may turn up on background checks and it remains in effect until the person who got the order petitions for its removal or the court otherwise revokes it. So it is better not to have that following him around.

If he is already planning on getting a lawyer he can try to ask for a brief postponement to ensure that he is represented by counsel. A restraining order is technically a civil proceeding, however, so the court is not required to give him the chance to get counsel. If the judge refuses to grant the postponement and he wants to oppose the order then he will have to contest the grounds that she is alleging. If he has any proof that she is being untruthful, such as emails or text messages or witnesses, it would be a good idea to have those in court with him. She has to prove by a preponderance of the evidence that a final restraining order is justified, so anything that contradicts or discredits her statements will help him, as long as he takes care not to say anything that might incriminate himself.
Customer: replied 10 months ago.


The TRO complaint block is as followings;

The victim stated she was engaged in an argument with the defendant over ending their relationship. During this arguement the victum said the defendant was going back to his father's house and then come back to shoot her. The victim believes the defendant has some type of firearm at his father's house. (End of Statement) Being as there are no witnesses how will she be able to prove her statement? What defense does Brandon has to prove he did not threaten her? From what Brandon has told me there was no problem with the break up until she discovered the engage ring ($7,000.00) missing and that Brandon that had taken it back Can Brandon use this in his defense?

 

Expert:  Hammer O'Justice replied 10 months ago.
Thank you for the additional information.

If this is just a TRO hearing, the implications are not as serious as if it is a permanent restraining order. It is still important to make sure that he doesn't say anything that could be construed against him, however.

Testimony is evidence, so the evidence in the case will be their respective testimony. In a case of he said/she said, the judge will determine who is more credible. His defense is his version of the events. The fact that he took her engagement ring back is a motive for revenge and false testimony so that fact may help, yes, as well the fact that he was the one who ended the relationship and she was angry about it. Those facts all suggest she has a motive to get him back so that might help undermine her testimony.
Hammer O'Justice, Attorney
Category: Legal
Satisfied Customers: 3979
Experience: 9 years legal experience
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