OR FAPA Restraining Order Packet Form - Clackamas County 2011 free printable template
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Ladies and gentlemen my name is Keith Rains I'm a circuit court judge I wanted to share some important information about the hearing you're about to attend nearly 80% of the people who come to court do not have a wire with them, so we're used to hearing cases without blares of where it can't change the facts of the law, so we'll do our best to sort out what is happening your case whether you're not you have aware if the respondent comes to court with a lawyer the petitioner may first request a one-week continuance to hire an attorney the petitioner may choose simply to go forward today the petitioner has to prove the case the petitioner must show that there was a legal basis for issuing the restraining order and that it is necessary to have the restraining order to be safe the burden of proof is more likely than not this Court does not investigate cases it only listens to the testimony brought before it examines the exhibits before it and makes the best decision it can be based on that the petitioner goes first with his or her testimony and the testimony of his or her witnesses the respondent goes second with his or her presentation then the petitioner has a last opportunity to answer any new issues raised by the respondent at the close of the testimony of a party or a witness the other party has a right to ask questions as of many things in life there's a good and bad side to asking questions the good side is that you have a right to ask about things that may not have been fully explored the bad side is you may not like the answer or agree with it, and you don't get to argue with the person who answered your question even if you believe that they are wrong you will have the opportunity to present your side during your time to present evidence remember that questions end with a question mark and a question is not your comment or statement some of the best questions start out with isn't it true that, so it's a good idea to have a pad of paper and pen to remind yourself to respond to things that you may not have anticipated the court will lend you pen and paper if you let Now if the petition has additional witnesses the judge may ask the testimony of those witnesses be reserved for rebuttal in the event that either party has multiple witnesses the judge may ask the party to summarize what the witness's testimony would concern to determine its helpfulness if you have any documents or photographs that you want the court to consider please have the mark with exhibit stickers and numbers the petitioner gets numbers 1 through 99 and respondent gets numbers 101 through 199 the clerk will assist you with the stickers as soon as you're hearing is ready but let the clerk know the other party will have the right to look at any exhibit that you offer before the judge even sees it, so you might as well share that while you're waiting after this presentation there are some appropriate and some inappropriate objections to testimony of a witness typical good...
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