Nonappearance By Either Party IN DV CASE

4.9.5 Nonappearance By Either Party: If no one appears for the final hearing, a domestic

violence team member shall attempt to contact the plaintiff and defendant and collect

as much information as practicable about the reasons for nonappearance and present

same to the court for consideration prior to the dismissal of any Order.

The matter shall be rescheduled where there is no appearance by either party

unless the court is fully satisfied that a dismissal meets the standards as set forth on

the Order of Dismissal (See Appendix 14).

4.9.6 Nonappearance by the plaintiff: The domestic violence team member shall attempt to

contact the plaintiff to collect as much information as practicable about the plaintiff’s

nonappearance and present the information to the court. Communications about the

plaintiff shall be made outside the presence of the defendant. The file and notes

reflecting the findings shall then be brought to the judge. If only the defendant

appears, [s]he should be questioned under oath concerning knowledge of the

plaintiff’s whereabouts. The court shall inquire if the defendant caused or is

responsible for the nonappearance of the plaintiff.

If (1) the plaintiff can be contacted, and (2) the judge is satisfied (after

hearing both parties’ explanations) that the plaintiff’s failure to appear was not the

result of coercion and duress, and (3) the findings required as per the Order of

Dismissal were made, the court may issue an Order of Dismissal. If not, or if the

plaintiff cannot be contacted, the matter shall be rescheduled.

Any dismissal order shall be without prejudice, and any Order of Dismissal or

order modifying the TRO shall be faxed or otherwise transmitted to the applicable law

enforcement agency.

4.9.7 Warrants shall not be used to secure the presence of the plaintiff in court under any

circumstances when the plaintiff has failed to appear or has allowed the defendant

back into the residence.

When a plaintiff is unable to appear at the final hearing for good cause

shown, arrangements shall be made for a telephonic appearance on the record.

4.9.8 Nonappearance by the Defendant: If only the plaintiff appears, the plaintiff’s request

for relief should be identified in accordance with the domestic violence procedures.

A. Where the defendant does not appear at the final hearing, and proof of

service has been provided, the court should proceed with the final hearing

and may enter a final order in default.

B. If the court file does not contain proof of service, the court should conduct a

hearing in the presence of the plaintiff to determine the following:

 Whether the plaintiff has seen the defendant in the court house or

knows of the defendant’s whereabouts;

 Whether the plaintiff is aware of whether the defendant was served

and the basis for such knowledge;

 Whether the defendant has had any contact with the plaintiff since

execution of the temporary restraining order; and

 Whether the same or different conditions exist in comparison to those

at the time of the initial hearing.

C. If the court determines that the defendant had actual knowledge of the

restraining order and hearing date, after making such finding on the record,

the court may proceed with the final hearing and may enter a final order by

default.