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 outset, the judge may ask each party whether the party is willing to consider a protection order by consent or agreement, instead of having a contested hearing. Consent orders can be granted without any finding on whether the defendant committed abuse, sexual assault, stalking or harassment. However, before giving up the right to a hearing, a defendant should understand that a violation of a consent order can result in the defendant being prosecuted or held in contempt of court, just as in the case of a protection order issued after a hearing. Normally, 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 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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