What to expect in court

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

Criminal court—-Domestic Abuse Crimes

The criminal court process occurs after a crime of domestic abuse has happened and the perpetrator has been arrested by the police and charged with a crime.

First Court Appearance–Arraignment The first court appearance is the arraignment. This is where the perpetrator—called the defendant—is told what crime they are charged with. The defendant then enters a plea of guilty or not guilty to the crime. If a plea of guilty is entered, a pre-sentence investigation is ordered and a sentencing date is scheduled. After the defendant is sentenced, no further court appearances are usually necessary. Sentencing can include: jail time, fines and/or probation for the perpetrator.

Second Court Appearance–Pre-Trial The second court appearance comes after a plea of not guilty is entered at the arraignment. This second court appearance is called the pretrial. At the pretrial, the prosecutor (City or County Attorney) will try to resolve the case, sometimes by making a deal—-called a plea bargain-—with the defendant. In a plea bargain, the defendant may choose to plead guilty to a lesser charge or agree to plead guilty for a more desirable sentence. It is at this point that most cases are settled. If a settlement is not reached, then the case will go to a jury trial. Less than one percent of all cases go to a jury trial.

Tubman Legal Advocates At all court appearances in Washington and suburban Ramsey counties, Tubman legal advocates are available to work with victims at court or appear on behalf of the victim. Tubman advocates will explain to the prosecutor what the victim wants and keep the victim informed about the progress of the case, including any potential plea bargains or settlement agreements. Tubman advocates are there to support victims and help them through this stressful time.

Civil Court—-Orders for Protection

The Order for Protection process is started when a victim of domestic abuse fills out necessary legal paperwork—usually with the help of an advocate—and a Judge grants a temporary Order for Protection by signing the paperwork.

Order for Protection Court Hearing A court hearing is held to determine if a long-term Order for Protection will be issued, which is usually good for one to two years. If the perpetrator was served the paperwork by the Sheriff, she/he is required to be at court. A court hearing is held, and the perpetrator is give three choices:

• Admit and Accept the Order Admit to the allegations of abuse in the paperwork and agree that an Order for Protection can be issued. In these cases, a long-term Order for Protection is issued.
• Deny and Accept the Order Deny the allegations of abuse in the paperwork and agree that an Order for Protection can be issued. In these cases, a long-term Order for Protection is issued.
• Evidentiary Hearing Deny the allegations of abuse in the paperwork and demand an evidentiary hearing. In these cases, the Judge must hold a more formal hearing where the victim and the perpetrator each present their case. Then, the Judge decides whether or not to issue a long-term Order for Protection. The Judge will issue a long-term Order for Protection if she/he makes a legal finding that domestic abuse occurred. The Judge will dismiss the Order if he/she finds that domestic abuse did not occur.

If a long-term Order for Protection is issued, new paperwork is issued by the court that contains this new court order. It is important for the victim to keep a copy of this updated paperwork with her/him at all times.

Second Court Appearance—-Non-service Cases If the Sheriff was unable to locate the perpetrator and she/he was not served with the paperwork, the court will continue the case and the victim will have to come back to court for another court appearance. Depending on the County and the judge, a notice of the Order for Protection and the new court date may be sent to the perpetrator by certified mail or printed in a legal newspaper.