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This isnt exactly a criminal law question... Friend was served

This isn't exactly a criminal...
This isn't exactly a criminal law question... Friend was served an ex parte protective order that is up for a hearing soon. I'm assuming this hearing is to hear his side and to "extend" or "vacate" the order. Am I right on that?

Friend's roommate claims all sorts of allegations, including my friend pulling a knife on him. Found out from the court records that this roommate has made an almost identical filing of a protective order on a previous roommate in this same apartment a couple years back. Is this evidence that is admissible in a hearing like this? Other than this evidence, what other evidence would be helpful?

And last question, should I answer with a written response before going to the hearing?
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Answered in 1 minute by:
11/3/2010
TexCrimLawyer, J.D.
Category: Criminal Law
Satisfied Customers: 4,829
Experience: Experienced in state and federal criminal litigation.
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TexCrimLawyer, J.D. :

You are correct, the hearing is to deterime whether or not to extend the protective order.

TexCrimLawyer, J.D. :

The records of the previous allegations are admissible to impeach the credibility of the witness.

TexCrimLawyer, J.D. :

In terms of other evidence that may be helpful, any witnesses that can testify that he has not been abusive or violent toward the other person.

TexCrimLawyer, J.D. :

It is always best to answer with a written response, even if it doesn't say much. Then, the court knows that the respondent plans to contest the allegations and is prepared for a contested hearing. Judges, as a rule, don't like suprises in the courtroom and a written response lets the judge know what to expect.

TexCrimLawyer, J.D. :

I hope that answers your qeustions. If not, feel free to ask follow up questions. If so, please click the "Accept" button. Good luck.

Customer:

Thank you for your answers. Those are really good. One more question...

Customer:

What are the things that he has to prove to get the order granted?

TexCrimLawyer, J.D. :

To get an immedeate order, the moving party must show that domestic violence has occurred or is likely to occurr.

TexCrimLawyer, J.D. :

After a hearing, however, the judge can place further restrictions, such as preventing contact between the parties, prohibiting the possession of waeapons, etc. The main thing that the moving party needs to show is that violence has happened, or is very likely to happen in the future

TexCrimLawyer, J.D. :

If there has been any kind of harassment, even if not violent, you should make the court aware of that, as well.

Customer:

ok, is that the case here in utah, too?

Customer:

what do you mean harrasment? Friend harrassing roommate? Or roommate harrassing friend?

TexCrimLawyer, J.D. :

Yes, that is the case in Utah. Obviously, the party seeking the order should inform the judge that they are being harassed, but also the parting fighting the order should show that the other party or people associated with them are engaged in harassing behavior. This will show the judge that the person seeking the order is engaged in a "back-and-forth" with the person he/she claims is violent toward her.

Customer:

ok. thanks!

TexCrimLawyer, J.D.
Category: Criminal Law
Satisfied Customers: 4,829
Experience: Experienced in state and federal criminal litigation.
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TexCrimLawyer, J.D.
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