When the judge sets a hearing date in a family protection case, who must be told, and what must be said to the family violence offender in advance?
General information · Not legal advice
Material to check
For this exercise we read the court's summons to the family violence offender, any paper recording what was explained to that person before the hearing, and the notices sent to the assistant and the victim, with the proof that each was delivered.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duties together: the judge sets the hearing date and summons the family violence offender, and beforehand notifies that person of the gist of the family protection case and of the point that an assistant may be appointed, while the hearing date is notified to the assistant and the victim.
Another reading notes the conditions the provision attaches to each notice: the advance notice runs only to the offender and only about two things, the gist of the case and the right to appoint an assistant, whereas the notice of the date runs to the assistant and the victim, and the provision sets no time period for any of these notices.
Your judgment
If the assistant or the victim denies receiving notice of the hearing date, what in the file would show when and how that notice was delivered?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to set a period for these notices or to name who else must be notified, or if a court decision decides what proof of delivery suffices for the assistant or the victim.