What happens at the injunction hearing?

Video Transcription:

During the hearing as the petitioner, the victim it’s your burden of proof.

You have to establish why the judge should grant the injunction. You have to bring all of your documents to prove this evidence. You have to testify to those documents. You also have to explain why you need this protection. You have to show the repeated pattern of unwanted contact if it’s a stalking injunction. Why it’s unwanted? That you drew that clear line in the sand and you told that person do not contact me and they continued to contact you either directly or indirectly. If the other party appears, they may have an attorney. They may not. If they don’t have an attorney they can cross examine you. They ask you questions. You’ll be placed under oath to give your testimony.

The respondent may testify as well if they are present. If they have an attorney, their attorney can cross examine you. You want to make sure you have your witnesses there, police officers, any other witnesses who can testify on your behalf. The other side also has the ability to subpoena witnesses and have them testify on their behalf. The petitioner has has the ability to cross examine the respondent or any witnesses that they call, but at the end of the day it’s a judge who makes a final decision as to whether to grant or deny your request for injunction.