The procedure for getting a restraining order varies between jurisdictions. Typically, a restraining order is used in cases where there are allegations of domestic violence.
A petitioner can first file for an ex parte restraining order. “Ex parte” means that the subject of the restraining order is not involved and does not make any statements to the court about why a restraining order should not issue.
If the ex parte petition for restraining order meets the requirements set forth in the law, a judge will typically grant the restraining order on a temporary basis. The judge will set the matter for a hearing in short order, usually in less than two weeks.
At the hearing, both sides will be able to put on evidence and call witnesses. The judge will either deny the request for a restraining order, which will end the temporary restraining order, or it will issue a full order of protection.
Our firm believes it is critical for you to have representation at this stage. If you do not get your desired outcome at the hearing, it will be much harder to get another restraining order or have the restraining order struck down. The representation of a skilled attorney will ensure that your rights are protected and that the outcome of your restraining order case is as favorable as possible.