How to Fight a Restraining Order

If you have gotten notice that a restraining order is being filed against you, or that a temporary restraining order has been filed against you ex parte, that doesn't mean it has automatically been put in place permanently - you can still fight the restraining order at the hearing. Without the help of an attorney, here's how to fight a restraining order:

Instructions

1. 

   If a temporary restraining order has been filed against you, comply with the conditions of the order until the date of the hearing. That means no contacting the person who has filed it - or the children and family of the person, if it extends that far - and no showing up at their home, workplace, or school. If you share a home with the person who filed the order, have a neutral third party contact the individual with the order ahead of time to arrange a time for them to go and pick up any items you will need until the hearing date. If necessary, arrange a police escort to go with the neutral party to prevent any problems.

   The restraining order may require that you surrender any firearms or other weapons until the matter has been resolved. Voluntarily do so by contacting the police department in the jurisdiction the restraining order has been filed in and letting them know you are voluntarily surrendering your firearms until the date of the hearing. Ask if they would prefer to come to your residence, or that you bring your firearms to them. Remember, the police will be able to track every single firearm you own, so don't try to keep one or two for yourself and risk violating the order - it will not look good on your part come the day of the hearing.

2. 

   Thoroughly read through the restraining order and the accompanying complaint. If there is no complaint attached explaining the reasoning for the restraining order, contact the clerk of the court in the courthouse where the restraining order was issued, and ask for a copy. Read every point that was made that led to the approval of the order, and contest anything that is incorrect or embellished. Write these down, point for point, and attach any piece of evidence you can find to prove these points.

3. 

   On the date of the hearing, arrive promptly, and dressed in courtroom attire - this means a three-piece suit and tie for men, and a suit, slacks and blouse, or knee-length skirt and blouse for women. Bring your paperwork contesting the retraining order and the evidence you have attached, along with your original copy of the restraining order. It is also a good idea to bring two copies of everything that you have - one for the judge, and one as an extra, just in case.

4. 

   When the time comes, explain your side of the story. Give your argument in response to the plaintiff's versions of events, and offer up your evidence to prove your point. Do not interrupt the plaintiff as they give their side of the story, and if they interrupt you, don't respond - let the judge handle this. Be polite, concise, and professional, and do not let your emotions get the best of you. The last thing you want to do is display anger at a hearing for a restraining order; this will only make the plaintiff look better.

5. 

   If the judge denies the plaintiff's request for a permanent restraining order, ask the judge when you will be able to retrieve your firearms, and if the judge can arrange a time when you can retrieve your remaining items from the house that you and the plaintiff share, if this is the case. If the judge approves the request, you will still need to arrange a time for you to retrieve your belongings, but don't count this as the final straw. You can still appeal the judge's decision for a restraining order, but in the meantime, be sure to follow every point of the order while the appeal is in process.