As amended through June 11, 2024
Rule 8.071 - FAMILY ABUSE PREVENTION ACT PROCEDURESViolations of restraining orders shall be processed in the following manner:
(1) Upon receiving into custody an alleged violator (respondent) of a restraining order, the jail personnel shall notify the District Attorney's Office and the court. Such notification shall be no later than 9:00 A.M. the next judicial day following the respondent being taken into custody.(2) The respondent shall be arraigned at a convenient time after 1:00 P.M. the next judicial day following respondent being taken into custody.(3) At arraignment, the court will advise the respondent of his/her rights, determine whether the respondent will be represented by private or court-appointed counsel or waive rights thereto, and set a date for hearing. The court will thereafter notify counsel, if any, of the hearing date.(4) At the hearing on the alleged violation, the District Attorney will represent the interests of the petitioner unless previous arrangements have been made with petitioner's counsel to represent such interests, but in any event may act as co-counsel representing the client's interests.Amended effective 2/1/2024.