Legal FAQs

Once someone had been charged with a crime, how difficult is it to have the charges dropped?
In many instances, the victim does not want criminal charges to be pressed against the perpetrator. However, once the police have been called and a charge is made, it is up to the prosecutor (the City Attorney or County Attorney) to dismiss the charges. A Tubman Family Alliance Advocate will tell the prosecutor what the victim's wishes are, but the final decision is out of the victim's hands.

What is a no contact order?
A no contact order is a court order, issued by a judge, which says a perpetrator cannot contact the victim. A no contact order is issued in criminal court to victims that feel their safety is at risk. A no contact order is against the perpetrator who has been charged with a crime, which usually happens after he/she has been arrested by the police. A no contact order is in effect as long as a case is pending, and can be extended after a case has been resolved for the length of the perpetrator's probation.

What is an Order for Protection?
An Order for Protection (OFP) is a type of restraining order meant to protect victims of domestic abuse. An Order for Protection is granted in the family court system, which takes place in civil court (not a criminal case). An Order for Protection can order the perpetrator to have no contact with the victim, to stay away from her/his residence, workplace, school, children's school or daycare, and may order temporary custody of children, child support, or spousal maintenance. An order for protection will not go on a perpetrator's criminal record unless it is violated.

What can I expect when I contact the Tubman legal department?
An advocate will explain the court process and may attend court hearings with the victim or on behalf of the victim. In criminal court, advocates will facilitate conversations between the victim and prosecutor (the City or County Attorney) so that the prosecutor knows what the victim wants. For Orders for Protection, advocates can help the victim prepare paperwork and attend court with the victim. Advocates will also make any referrals to community resources for help finding support groups, housing, counseling, and any other help that is needed.

Will I see the perpetrator in court?
If the victim decides to go to a criminal court hearing, the perpetrator will be there. At Order for Protection hearings, the victim will be in the courtroom with the perpetrator. Advocates can help victims find a safe and comfortable place to be at court, where the perpetrator is not close by.

How much time does a court hearing take?
For most types of court hearings, both criminal and civil, expect to wait. Cases are generally scheduled all at one time but are dealt with individually, resulting in long waits for most people.

Should I bring my kids to court?
No, do not bring children to court. Many judges will not allow children in the courtroom, and there is no daycare at the courthouse. Also, it can be very difficult and damaging for children to be at a stressful court hearing between their parents.

What doesn't Tubman provide?
Tubman does not provided divorce attorneys or direct assistance for bill payments. However, we can provide referrals to resources to help you with these issues.

Legal definitions

• Defendant - The party against whom an action is brought. In this case it is the person who is acting abusively.
• Respondent - Another term for Defendant.
• Victim - Refers to the person who was abused.
• Prosecutor - The lawyer who is on the side of the victim.
• Arraignment - The first court appearance.
• Citation - An official summons, especially one calling for appearance in court.
• Evidentiary hearing - A court appearance where a judge will hear both sides of an argument and make a ruling.
• Terroristic threats - Threats to physically harm or kill someone.