Does respondant have right to have witnesses heard?

[pa_ak]

What is the name of your state? Alaska

Recently I went to court as a witness for a very dear friend who had been accused (wrongfully) of "stalking" an individual whom he had a previous relationship with and who used their city prosecutor charge to bring "trumped up" charges against him leading to a no contest plea so he didn't have to sit in jail another six months.

About 2 months ago, he was at the court house paying part of his fine from the previous nonsense as required. This individual filed a DV order and received an ex-parte restraining order. They told several lies in their affidavit and when we went for the long term order hearing, did not have any evidence to prove their claims. My friend however, had his receipt to prove why he was at the court (and the other person admitted my friend never knew they were there) along with phone bills to prove he never called that person. He also had myself and two other witnesses. The judge refused to hear our testimony and granted the long term order even though the petitioner did not prove their claims because as the judge said "if this gives a bubble of comfort then I will allow it".

We are filing a motion to modify to essentiall have the order resolved based on the fact the criteria for DV in AS 18.66.990 (3) was not met and also for the fact my friend's 6th ammendment rights were violated in his witnesses not being able to speak. The petitioner stated my friend was never seen doing the things accused of and further stated it was his MO as their reason for knowing it was him.

Anything else we should do? Any advice?

 

[Gracie3787]

What is the name of your state? Alaska

Recently I went to court as a witness for a very dear friend who had been accused (wrongfully) of "stalking" an individual whom he had a previous relationship with and who used their city prosecutor charge to bring "trumped up" charges against him leading to a no contest plea so he didn't have to sit in jail another six months.

About 2 months ago, he was at the court house paying part of his fine from the previous nonsense as required. This individual filed a DV order and received an ex-parte restraining order. They told several lies in their affidavit and when we went for the long term order hearing, did not have any evidence to prove their claims. My friend however, had his receipt to prove why he was at the court (and the other person admitted my friend never knew they were there) along with phone bills to prove he never called that person. He also had myself and two other witnesses. The judge refused to hear our testimony and granted the long term order even though the petitioner did not prove their claims because as the judge said "if this gives a bubble of comfort then I will allow it".

We are filing a motion to modify to essentiall have the order resolved based on the fact the criteria for DV in AS 18.66.990 (3) was not met and also for the fact my friend's 6th ammendment rights were violated in his witnesses not being able to speak. The petitioner stated my friend was never seen doing the things accused of and further stated it was his MO as their reason for knowing it was him.

Anything else we should do? Any advice?

This is just a guess, but my hunch is that the Judge wouldn't allow any witness testimony because it would have been hearsay.

The phone bills can only prove what calls were made, they are useless in trying to prove that calls were not made, simply because the calls could have been made from another phone.

Who are you in this whole thing? I noticed that you used the phrase "we", are you also a party to the case?

 

[pa_ak]

Just used we because as a group we are helping this friend.

I understand your point with the hearsay, however we (the witnesses) could actually refute the things the petitioner claimed occurred on certain dates because we were with our friend.