Restraining Orders · · By George L. Fernandez
Whether you asked for a restraining order or were served with one, the hearing is where the judge decides whether a longer-term order will be issued. Being prepared makes a real difference.
Before the hearing: the temporary order
When someone files a request, a judge usually reviews it quickly and decides whether to issue a temporary restraining order (TRO). The TRO lasts until the hearing, which is typically set within a few weeks. The person requesting the order must have the other party served with the papers before the hearing.
If you are served, follow every term of the temporary order right away — even if you believe it is unfair. You can file a response explaining your side before the hearing.
Gathering evidence
- Text messages, emails, voicemails and social media posts
- Photos of injuries or property damage
- Police reports and medical records
- Witnesses who saw or heard relevant events
- A timeline of incidents with dates
Bring copies for the judge and the other side. Organize them so you can find each item quickly.
At the hearing
Hearings are often short. The judge may ask each side questions, review the evidence and hear brief testimony. Speak calmly, stick to the facts and address the judge, not the other party. If either side has a lawyer, the lawyer may question witnesses.
Tips for testifying
- Arrive early and check in with the courtroom clerk.
- Dress neatly and turn off your phone.
- Answer only the question asked, and say so if you do not know or remember.
- Avoid interrupting, even if you disagree with what is being said.
The judge's decision
The judge may grant the order, deny it or continue the hearing to another date. An order after hearing can last up to five years and may include stay-away, no-contact, move-out, firearm and, in domestic violence cases, temporary custody terms.
Learn more about our restraining order services, or if there are criminal charges involved, our domestic violence defense practice.
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This article provides general information, not legal advice, and does not create an attorney-client relationship.