12.2.1 General Principles

Domestic violence protective order cases can present pre-trial practice challenges. The emergency nature of protective order proceedings means that in many cases, formal pre-trial discovery is unavailable or is fast-tracked. In some cases, lawyers must prepare for court, but there is little time to conduct important investigative functions. Lawyering in these cases requires pre-trial preparation for multiple possible scenarios that cannot be determined before the hearing. But diligent pre-trial practice, even in this setting, makes it possible to avoid a true “trial by surprise” scenario.