Monthly Archives: March 2014

OFP & HRO HEARINGS – DUE PROCESS VIOLATION = REVERSAL (14-04)

Posted on March 28, 2014 | Leave a comment

CAUTION: In the past 12 months the Court of Appeals has REVERSED the issuance of two separate Harassment Restraining Orders (HRO) based on Due Process violation(s). Namely, failure to provide respondent the opportunity to: (1) cross- examine the petitioner or the petitioner’s witnesses; and/or (2) the right to present witnesses on respondent’s behalf, or in the alternative, to make an offer of proof regarding the testimony of witnesses.

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Pendleton Update 14-4

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Posted in OFP & HRO HEARINGS, Right to Cross Examine & Present Witnesses

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WEAPONS AND HAZARDOUS EXHIBITS IN THE COURTROOM POLICY (14-03)

Posted on March 17, 2014 | Leave a comment

SAMPLE POLICY: The enclosed sample policy is designed to cover most trial situations in which a firearm, weapon or hazardous material is somehow involved. By requiring the party intending to use or display the weapon (or hazardous material) to notify the court prior to trial, the presiding judge can modify this policy to address any circumstance not specifically covered by this policy.

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Pendleton Update 14-3

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Posted in TRIAL ISSUES, Weapons & Hazardous Exhibit Policy

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