How To Win A Restraining Order Hearing. Prior to the hearing on a restraining order petition, a court will often issue a temporary restraining order (tro). If you are in a situation where you face both criminal charges and a restraining order action, it is imperative that you seek legal help in order to. In order for an ex parte restraining order to enter, a person (often assisted by a battered woman’s shelter, advocate or domestic abuse. The petitioner who filed the application for a tro, and the respondent who is restrained, present their case to the judge.
Since you filed the petition for a restraining order, you are the petitioner. In order for an ex parte restraining order to enter, a person (often assisted by a battered woman’s shelter, advocate or domestic abuse. At this hearing, the petitioner explains why she needs a permanent restraining order against the respondent. If the defendant doesn’t show up for a hearing. If there are witnesses who saw the abuse or injuries that you have faced, contact with them. The respondent may be present and refute the petitioner’s reasons for the restraining order or the specific restraining order requirements.
A temporary restraining order hearing is a mini trial without a jury.
Judges can mandate that the party ordered to stay away (the respondent) must pay support to the other party, relinquish the use of a shared dwelling or vehicle, turn over any guns and ammunition they may have, or pay restitution to the party requesting the order (the petitioner). In order to even get past the initial screening and be granted a hearing, usually, you must have a recent incident that occurred within the last thirty days to report. A restraining order hearing typically is conducted between one to four weeks after the temporary order issues, according to findlaw. Ok, if you file a restraining order and waiting in court. How to win a protection order hearing on this page we discuss the preparation you need to make sure you have completed before a final protection order hearing is convened in a civil court. The judge did not hear from the person you got the restraining order against (the respondent).