Q: I was abused by my husband & go to court for the restraining order when the judge sees the video can they press charges?
I have a temporary restraining order for now but no one seen any video or heard the audio so when we go to court I'm gonna have them for the judge to see would the judge be able to then press charges because at the time of the incident no police were called.
A:
The best thing to do in this position is to have the hearing (if an option, have a stenographer take down the transcript) and then you take the results of the hearing to the police and ask them to press charges. While SOME judges will direct refer from a TPO/TRO, most want the petitioner to handle that in order to maintain judicial independence.
Brining charges is something that the police or citizens can do, and it is the local elected prosecuting agency that makes the final decision. If you end up getting stonewalled by the local police (they can be SUPER lazy), then go directly to the local DA/Solicitor and ask to speak with the prosecutor in charge of Domestic Violence. Then make the report to them as well as tell them how the Police have ignored you. Bring the TPO with you.
Best of Luck!!
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