Procedures Applicable to a Plaintiff in a Protection Case - Orders by Consent Without Hearing

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K. Orders By Consent Without Hearing.

At the beginning of the hearing, the judge may ask each party whether the party is willing to consider agreeing to or consenting to a protection order instead of having a hearing (trial). Consent orders can include all the protection that an order issued after a hearing would provide. Violation of a consent order can be prosecuted, just like violations of an order issued after hearing. However, before giving up the right to a hearing, you should be sure the order you are agreeing includes all of the relief you want.

Consent orders are often issued without any finding that the defendant committed abuse, sexual assault, stalking or harassment. 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). Remember, there should not be 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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