Q: Can prosecutor ask for protective order?
Defendant is being prosecuted on 4 charges. One being a FV charge where I am victim. There was no stay away order or no contact order established upon bail. He has since moved to another county and I do not have the means to travel 3 hours away to request protection. Can the solicitor general prosecuting the case file a motion for a protective order in the county that he is being tried in? His assistant has told me more than once that they can’t do anything as far as a protection order. There was a Bond for Good Behavior in place until recently and with the trial coming up I am getting nervous and fear for my safety and also emotional and mental health.
A: You certainly need to raise the issue with the State as they can motion for additional protections as part of the prosecution. The DA's office generally has a victim/witness advocate and they should be able to assist, as it is generally a pretty easy ask if there is justification.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.