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Old January 17, 2020, 09:11 AM   #19
zukiphile
Senior Member
 
Join Date: December 13, 2005
Posts: 3,825
Quote:
Once the RF order is issued, doesn't it immediately go to a judge...
Judges issue orders. They come from a judge.

Quote:
...doesn't it immediately go to a judge..and if the judge approves, then the LEO is involved?
Notwithstanding what happened here, the petition is to be heard within 24 hours by a judge. In theory a judge can deny a petition, and in practice a petitioner who wasn't sufficiently coached could offer testimony so incomplete or contradictory that he doesn't even offer a preponderance of evidence. It's a real trick to be the only person speaking, but still not carry that burden.

Quote:
I'm sure the LEO KNOWS about the RF process being started but doesn't take any action until a judge sees it(?)
Other than someone in the clerk's office calling and saying "there's a person here filing an RFL petition against you", there wouldn't be a mechanism for the respondent to know that a petition is being started. The order issuing from the court at the first hearing should have to be served on the respondent in order to be effective.

Is that what the sheriff wouldn't serve here?

In my state, I need to show the court my efforts to give notice so the other party can be present for that first hearing, but those aren't RFL petitions.

Last edited by zukiphile; January 17, 2020 at 10:01 AM.
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