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 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 include all the protection that an order issued after a contested hearing would provide. Violation of a consent order can be prosecuted, just as in the case of an order issued after hearing. However, before giving up the right to a hearing, a plaintiff should assure that a consent order is adequate in terms of protection and other relief. Also, consent orders are often issued without any finding of whether the defendant committed abuse, sexual assault, stalking or harassment. 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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