Q: Protected Order filed with the Commissioner for Criminal Assault should evidence be filed with the Commissioner also?
How is evidence filed in an assuialt?
A:
There are two things that can be done. First, the Petitioner can file for a Protective Order. If the Commissioner finds that an Order of Protection should be granted, that an interim Order is passed. There is then an ex parte hearing before a judge within a day or two and the judge decides whether there are grounds for a temporary Order. If the judge finds sufficient grounds and enters a temporary Order, then a final hearing is scheduled and the Respondent must be served for the final hearing can take place. The Petitioner can testify and present evidence at each step of the proceedings.
The other is that the victim can file criminal charges for assault. If the Commissioner finds that there is evidence of a crime, charges are pursued. The Defendant then must stand trial for the criminal charges.
It is of course possible to do both.
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