![]() ![]() ![]() If so, then make sure you get a copy, review it, and ask the judge if you have any questions about it. The judge may grant you and sign the final restraining order that day at your hearing. If your case is for a restraining order.The recess may be only for a few hours or it may take days or weeks to give the final decision. The judge may make the decision right away or may take a recess to give the decision. The judge will make a decision after hearing both sides and considering the evidence.Closing statements are your chance to sum up the evidence and ask the judge again for a specific decision. The judge might then ask for closing statements, or not, depending on the court and the type of case.The same principles apply as mentioned earlier, about the right to ask cross examination questions and make objections during the abuser’s testimony, if legally appropriate. S/he can testify and tell his/her side of what happened, call witnesses, and enter his/her evidence. Next, the other party, who will usually be known as the defendant or respondent, will be allowed to present his/her case.The judge might also ask questions to you or to any other witnesses.If your witnesses testimony was damaged during cross examination, you may be able to ask clarifying questions during re-direct.You may have the right to object to certain questions that the other party asks. The other party or his/her lawyer may ask you and your witnesses questions as part of cross-examination, which you must answer truthfully.We have more detailed information about this process in the rest of this section. This includes the party’s testimony, calling any witnesses s/he may have, and entering any evidence that s/he has. The plaintiff/petitioner will tell his/her side of the story first. The party that filed the first court papers, usually called the complaint or the petition, is considered the plaintiff or the petitioner.In less formal proceedings, the bailiff or the clerk will swear you and the other party in by asking you both to state your names and to swear or affirm to tell the truth.This is your chance to talk about what evidence you will show at trial and how you want the judge or jury to rule, based on that evidence. In a criminal case or in other types of formal or more complicated cases, the judge might ask the parties to give opening statements.In some courts, a mediator might first talk with you, and then with the other party, to see if you might be able to reach an agreement without a trial. The judge, clerk, or bailiff will call your case.This shows your seriousness and truthfulness about what you have written.Each state and court may have variations on this, but this is generally the order of events: Include your telephone number in case the judge wants to speak with you or has any questions regarding the matter. Let the judge know how the defendant plans to make changes in their life and that you believe that they have learned a valuable lesson. It’s important to be specific and point out how incarceration will affect the defendant’s family, employment and future life. The conclusion of your statement should indicate how incarceration will negatively affect the defendant. It helps to provide specific examples of positive actions they have taken to better themselves or others. If the defendant took care of a sick relative or is a good provider, this information can be used. If there is other supporting information that portrays the defendant in a positive way, you should include this in another paragraph. ![]() Be sure to include names of organizations as well as any other activities where the defendant was a participant. These could be items such as volunteering for the community, working with charitable organizations or coaching young adults. Continue the statement by listing examples of any good deeds that the defendant has completed in the past. This establishes your history and relationship. Begin by telling the judge when you first met the defendant and how long you have known them. The second paragraph should indicate your history with the defendant. By letting the judge know that you are aware of the charges committed by the defendant, it shows that you are still willing to write a good character witness statement for them. You should also indicate that you know the type of charges that the defendant has committed. Let the judge know who you are writing the character witness statement for. Begin the first paragraph with your name and profession.
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