A temporary restraining order is limited and does not offer you the same protections as a permanent one. After receiving the temporary order, a hearing will be scheduled to determine if a permanent one is needed. If you have asked for a permanent order and have a hearing scheduled, here are some tips to prepare for the hearing.
Study Your State's Laws
Each state has very specific rules that dictate when a permanent restraining order is issued. There are also differences in the terms of the orders. For instance, the distance the defendant is required to stay away from the victim can vary.
By studying the laws, you can understand the guidelines for granting a permanent order and also determine if it will be enough. In some instances, the court will allow for special conditions to be added to the terms of the permanent order if it does not offer the protection needed.
Write a Statement
As the petitioner, it is your job to convince the judge that a permanent order is needed. The information that you provided to get the temporary order might not be enough. Write out a statement that you can refer to in court while making the argument for the order.
Do not leave anything out of your statement. You need to provide enough details to convince the judge that you are justified in being afraid that the defendant will cause you harm. Even if you do not think an incident will be considered harassment or a threat, include it. You and your attorney can evaluate the statement to determine if anything needs to be removed.
Be thorough in your explanations. For instance, stating that he or she followed you home from your children's school for four days in one week is more illustrative than saying that you are simply being stalked.
Request Additional Protections
If you believe that the defendant might attempt to harm you before or after the hearing, you need to let the court know. Contact the court and request an escort into the hearing.
Regardless of what transpires during the hearing, you can ask the judge to order the defendant to remain in the courtroom for at least 10 to 15 minutes following the hearing. This will allow you time to safely leave the courthouse.
Obtaining a restraining order can sometimes be difficult, but with the help of an experienced family law attorney, you can improve the chances that a judge will grant your request.Share