How to Prepare for a Contested Restraining Order
Preparing for a contested restraining order hearing requires a concerted effort on your part. Unlike cases in which a restraining order request is not being contested by the other party, you need to gather evidence and testimony to back up the contentions that you make. You will not be able to simply walk into court and be handed a final restraining order from the court. You can follow a variety of strategies in preparing for a contested restraining order hearing.
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Instructions
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Gather any documentary evidence supporting your request for a restraining order. Oftentimes, this type of evidence includes a police report (or reports), medical records and similar types of documents.
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Make a list of witnesses that support your position in regard to the restraining order. For example, if there are friends, family members or colleagues who witnessed the abuse or harassment by the individual you seek to restrain, include these people on your list.
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Go to the office of the court clerk to request subpoenas for your witnesses. Although your witnesses state they voluntarily will appear in court, you need to subpoena them anyway. If an important witness fails to show up for one reason or another, and you obtained a subpoena for that person, the court will continue or postpone the proceedings to attempt to get the witness in court. If there is no subpoena, the court will make you proceed even without the necessary witness.
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Draft concise opening and closing statements. Restraining order hearings are emotional experiences. You are best served having your opening and closing remarks committed to writing before the hearing.
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Tips & Warnings
Consider hiring an attorney. Many contested restraining order hearings are hard-fought events. Your interests likely are best served through the strong advocacy of an experienced attorney in your corner.
Restraining orders are helpful tools in protecting yourself. However, they are not foolproof. The subject of a restraining can elect to break the conditions of that order and otherwise break the law. You need to remain vigilant even after a restraining order is issued by the court.
