A deferral is essentially probation. After the defendant pleads guilty, the defendant is placed on probation for approximately 6 months. If during those six months, the defendant complies with the Court’s order of probation, then the case will be dismissed at the end of the six months and it does not become a part of the defendant’s criminal record. A Domestic Violence Deferral is only offered to first time offenders.
If a defendant does not comply with his probation (deferral), the Judge may revoke the probation and sentence the defendant to up to the maximum penalty possible. The defendant does not have the right to a trial because he has already pled guilty, and the guilty plea is then entered as a conviction on the defendant's permanent record, and the defendant will be sentenced.
Once a defendant has been arraigned on an assaultive charge, the Court will most often entera PTRPO that prohibits direct or indirect contact with the victim. The order typically prohibits the defendant from being within 100 ft. of the victim and/or the victim’s residence. If alcohol was a factor in the assault, the Judge may also state in the PTRPO that the defendant is not to possess or consume alcohol or to be in places where it is sold for consumption on the premises.
If a victim of domestic violence wants the PTRPO lifted, he can come in and meet with the Domestic Violence Advocate and sign an affidavit to dissolve the PTRPO. If the Advocate and the Prosecutor agree to the dissolution of the PTRPO, they will sign the affidavit and it then goes to the Court for the Court’s consideration and signature. If the Judge signs the affidavit, the clerk makes 3 true copies. One is kept in the Prosecutor's file, one to the victim, and one to the defendant or defendant's attorney.
If the victim does not want the PTRPO dissolved, they may have a copy of the Order for their reference.
If the PTRPO is not applicable in a particular case the victim may apply for a Personal Protection Order (PPO).
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