What happens at restraining order violation hearings?
If a defendant is charged with Violation of a Restraining Order s/he has a right to a hearing before a Judge. The Judge will decide if the accused is guilty or not. A Violation of Restraining Order hearing is similar to a court trial in that a Judge will preside. The hearing will focus directly on the actual violation of the Restraining Order. A Deputy District Attorney will provide evidence of the violation, which may include testimony from witnesses, who were at the scene, the police officers who responded to the scene, and/or other types of evidence that may prove the charge. The Defense Attorney has the opportunity to rebut the evidence on behalf of the defendant. After both parties state their case, the judge will determine whether a violation has occurred. If the defendant is found guilty of Violation of Restraining Order, sentencing will follow.
