Ioan Gruffudd & Alice Evans #102 See you next Tuesday, the premiere of 102 Damnations

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ButterTart said:
Leon asked for a continuance ... yesterday. A person requesting a continuance for a DVRO can do so at the hearing ... but she would have had to show up to do so. It's an interesting situation. My understanding is that if the respondent (Alice) doesn't appear, the case can be decided in favour of the petitioner (Ioan). At the very least, she should be there now to request the delay.

The docket is still showing the hearing at 8:30 today, and the most recent documents are the substitution of attorney and the request for the continuance. I found it interesting that none of the supporting documents were attached to his notice of service ...
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Normally if you don't show up you lose, maybe Alice has been told this and that's why she's blowing off the hearing. Judged don't like no shows.
 
Adawu said:
Normally if you don't show up you lose, maybe Alice has been told this and that's why she's blowing off the hearing. Judged don't like no shows.
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She's entitled to one continuance ... but she has to show good cause. That may have been in the documents Leon provided to Ioan's lawyer and to the court. But they weren't attached to his notice of service so no way to know for now. The docket will be updated today so we will know eventually what went on.

If she didn't go, it's going to take some time for her to find out the results. She may be served with the PRO electronically (if it's granted today); ditto the approval of a continuance. She may have to check the docket like the rest of us. Normally, her lawyer would update her if she didn't show (which, if there was no continuance being requested would have resulted in her evidence not being heard and the likelihood of a finding for Ioan).
 
So it hit me this morning while reading the news headlines that if you substitute a couple of words in most Trump headlines, the essence of the headline fits her so often.

Example:

Screenshot_2022-06-14-09-57-01-939_com.distilledmedia.thejournal.jpg
 
Adawu said:
Normally if you don't show up you lose, maybe Alice has been told this and that's why she's blowing off the hearing. Judged don't like no shows.
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it does decrease her chances but in RO hearings only the petitioner loses by default because it's on them to prove that the RO is needed, the other party is only there to discredit. So if say the judge has a similar mentality as Alice (or thinks that somebody that hasnt gone physical yet can still be fixed with other measures) Ioan can lose even if Alice's side doesnt show up. And there are judges like that. I do think it's rather unlikely though, but it's a possibility.
 
welp said:
it does decrease her chances but in RO hearings only the petitioner loses by default because it's on them to prove that the RO is needed, the other party is only there to discredit. So if say the judge has a similar mentality as Alice (or thinks that somebody that hasnt gone physical yet can still be fixed with other measures) Ioan can lose even if Alice's side doesnt show up. And there are judges like that. I do think it's rather unlikely though, but it's a possibility.
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You don't have to have physical violence in a DVRO ... it's called a domestic violence RO because of the relationship between the parties, not because there needs to be actual physical violence. No intimate relationship and you pursue a civil harassment restraining order. The statute and DVRO paperwork is quite clear that harassment and online behaviour is equal to physical violence. So no escalation to physical harm is required, thankfully.

The respondent CAN lose by default if they don't show up. No show = no evidence = judge makes finding based on the petitioner's case.
 
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