Restraining Order Hearing Explained
Restraining orders are issued by judges to protect victims of abuse, harassment and stalking from further violence. In most restraining order processes there are two hearings. The plaintiff typically has an immediate hearing with the judge when initially applying for the order; the judge reviews the paperwork, sets a full hearing date and may issue a temporary restraining order. A few weeks later, the full hearing is held, and both sides present their case.
Other People Are Reading
-
Ex Parte Hearing
-
The first hearing in restraining order cases is an ex parte hearing. "Ex parte"--Latin for "on one side only"--refers to "a motion or petition by or for one party." At these hearings, only the plaintiff, the person applying for the restraining order, is present, and is the only one to present her side of the story. Based on that testimony, the judge issues a hearing date and sometimes a temporary restraining order, to protect the plaintiff until the full hearing date.
Full Hearing
-
At the full hearing, both plaintiff and respondent have the opportunity to present evidence supporting their own side of the story. Both parties should gather evidence to support their cases such as medical and police records, photos of damaged property or injuries, written communication and witness testimony. Legal counsel can be very helpful, particularly if you think the respondent will fight the restraining order or you wish to combat an order. A lawyer can identify evidence supportive to your case and help you make your argument to the judge.
-
Who Will Be There
-
The most important person at the restraining order hearing is the judge, who rules on the case. Other court officials who will be present typically include a court reporter, keeping track of what happens in the case; a deputy sheriff, providing security; and the court clerk, who files any documents and physical evidence and swears in witnesses. The plaintiff and respondent should also both be there and may have legal counsel.
Plaintiff and Respondent Appearance
-
Both plaintiff and respondent should appear at the hearing. If the plaintiff does not appear, the petition will probably be denied, and it may be more difficult for him to obtain a restraining order in the future. If the respondent is not there, the judge will typically grant the order in her absence; if, however, she does not wish to contest the order, she is not required to appear.
During and After the Hearing
-
At the hearing, the plaintiff, respondent and witnesses will be sworn in. The plaintiff will describe the alleged violent or harassing acts, witnesses may be called, and evidence presented to the judge. If either party has legal counsel, that lawyer may make a statement to the judge on behalf of his client. The plaintiff may also make requests regarding the terms of the order, such as child support, no-contact and visitation. Once all parties have testified and evidence been submitted, the judge will rule to grant or deny the order.
If a restraining order is granted, it can be valid for 1 to 5 years, depending on state and county law; most are valid for 2 years.
-
References
Resources
- Photo Credit gavel image by Cora Reed from Fotolia.com
