Procedures Applicable to a Defendant in a Protection Case - Orders By Consent Without Hearing

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C. Orders By Consent Without Hearing.

At the beginning of the hearing, the judge may ask each party whether they are willing to agree to a protection order, instead of having a hearing. Consent orders (the name for orders by agreement) can be issued without the court specifically finding or stating that you committed abuse, sexual assault, stalking or harassment. However, before giving up the right to a hearing, you should understand that violating a consent order is just as serious as violating a protection order issued after a hearing. Violations of both kinds of orders can lead to arrest and criminal charges.

Often, consent orders are worked out by the judge speaking to the parties, or through the use of go-betweens (often lawyers or domestic violence advocates). There should be no direct discussion or contact between the parties, either before coming to court or at the court, especially if a temporary order prohibiting contact is in effect.

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