How to Prepare for Your Restraining Order Hearing

Presenting your evidence in an effective manner and making a good appearance in court are necessary when filing a restraining order against an individual who may be harassing or abusing you. Prepare in advance for your hearing to ensure that your case is heard and understood by the presiding judge.

Instructions

Difficulty: Moderately Challenging

Things You’ll Need:

• Computer with Internet access
• Attorney or advocate with experience in restraining orders
• Telephone

Prepare for Your Hearing

1. Meet with an attorney who has experience in the civil courts or seek an advocate or counselor through services provided by your local crisis center. You can find contact information for lawyer referral services and crisis centers in your area on the WomensLaw.org Web site (see Resources below). Select your state from the drop-down menu to find information specific to your area.
2. Call on witnesses who have witnessed violence perpetrated on you by the person you are seeking a restraining order against. You may need to file a subpoena to do so, depending on the laws of your state. If they are unable to appear in court, advise the presiding judge of the situation.
3. Compile records that demonstrate your need for a restraining order. These may include medical records or dated photographs of injuries you have received from the party you are seeking an injunction against. Police reports and recorded phone calls to 911 will also be useful to your case.
4. Rehearse your story before you enter the courtroom. Follow up with an attorney or advocate who can advise you on what information to include in this statement.
5. Address the judge presiding over your case as ''Your Honor'' on the day of your hearing. Prepare for your day in court by dressing neatly and respectfully addressing the judge directly when stating your case.

Tips & Warnings

• If the state you live in requires witnesses to present their evidence in person, they should also be aware of their rights. Witnesses may request that their personal information be kept confidential in open court proceedings and may also request a safe and secure waiting room prior to the trial.
• You don't have to be young to be the victim of abuse. According to the National Coalition Against Domestic Violence, anywhere from 2 to 10 percent of the elderly population will be victims of domestic violence. This may include abuse of a sexual, verbal, emotional or even financial nature.