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What happens at a hearing for a restraining order?
At the hearing, the plaintiff, respondent and witnesses will be sworn in. The allegations of violence or harassment will be read, and then the judge will give each party the opportunity to present their side of the story. The respondent will be given the chance to argue against the restraining order.
How long are you in court for a restraining order?
Typically these orders last from five days to two weeks but may last longer depending on the next hearings’ date. A permanent restraining order is much longer-term, usually 6-12 months, and sometimes can last indefinitely. This type of order is generally made at trial. A court can extend an order.
How long does a hearing usually take?
Hearings rarely last more than 30 minutes. They take place in a courtroom open to the public; expect other people, including those waiting for their own hearings, to be watching. A hearing typically begins with procedural information from the judge.
What happens at first court hearing?
It is usually a short meeting for the Judge to decide how the case should be organised. The first hearing (First Hearing Dispute Resolution) is usually quite short, and everyone is asked to prepare information for another hearing a few weeks later.
How long does a restraining order usually last?
Finally, you can have the restraining order tried by a judge if you hope to get it pardoned or overturned. How Long Do Restraining Orders Last? The initial temporary restraining order usually lasts 10 days, with a court date set on the day it expires. On that date, you and the person filing a restraining order both need to come to court.
At that court hearing, it will be decided whether the restraining order will continue or not. You and the protected person will both make your case before a judge. You can and should bring a lawyer to the hearing. If the person who filed the order doesn’t show up to court, the order often gets dismissed.
When to challenge a restraining order in California?
The restrained party should hire a criminal defense attorney to challenge the order at the permanent restraining order hearing. These hearings typically occur about 21 days after the TRO was issued. At this hearing, the defense attorney can argue to the judge why the restraining order is unnecessary.
Can a restraining order be expunged from your record?
Usually yes, but sometimes no. Temporary restraining orders will appear so law enforcement officers can see it. However, after a temporary restraining order is issued, a permanent restraining order hearing follows. At that hearing, the restraining order could get denied, which means it should be expunged from your record.