The overall purpose of a preliminary hearing is for the judge to look at the evidence that the prosecution has against you and decide if they have enough evidence to proceed with the case. What Happens at a Preliminary Hearing for Domestic Violence Criminal Charges? The judge will issue a ruling after hearing from both sides. A skilled lawyer fighting to protect your rights can cross-examine the petitioner, admit evidence that strengthens your case, and argue on your behalf-all without you having to take the witness stand. Therefore, you have a right to remain silent to avoid incriminating yourself. However, you should be aware that not taking a lawyer with you to this hearing could be dangerous.Īllegations that support the issuance of a domestic violence injunction could also support probable cause to charge you with a crime.
You, as the respondent, have the right to speak as well. The petitioner has the burden to prove the court should issue the injunction.
At a full injunction hearing, the judge will hear from both sides.