03-05-2018, 05:46 PM
(03-05-2018, 05:19 PM)Sociopathicsteelerfan Wrote: Except, and huge difference here, a detained person has a right to see the judge for a detention hearing quickly. I can't speak for other states, but it's within 48 hours in CA (business hours btw). At the detention hearing a judge will hear arguments for release either OR, with bail or with electronic monitoring. You yourself admitted that an actual hearing on a temporary restraining order can take weeks.
But paying bond or paying for electronic monitoring takes away a persons property (money). Here in TN a defendant is entitled to at least a preliminary hearing within 10 days, but if he does not have money to pay for a bond or electronic monitoring he could be in jail for months before he gets a complete trial on the charges.
Orders of Protection are almost always set on the next weeks docket after they are served. And that is for a full hearing.
There is no difference between the amount of due process a defendant in a criminal case gets and the subject of an order of protection gets.
The big difference I see is that the standard of proof in a criminal case is "beyond a reasonable doubt" while it is just a "preponderance of the evidence".
