What to Expect at a Contested Restraining Order Hearing
This article is part 1 of our guide to preparing for a contested restraining order hearing. This article provides basic information about contested restraining order hearings in Oregon.
A contested restraining order hearing is a formal court proceeding in which both sides of a restraining order case appear before a judge.
Both sides present their stories, evidence, and witnesses at the hearing. A judge will decide whether to keep, change, or dismiss the restraining order.
A contested hearing happens when someone challenges a restraining order. For example:
- If you ask for a restraining order, the other person might disagree and ask the court to remove it.
- If someone has filed a restraining order against you, you can object to it, which leads to a hearing.
Most restraining order hearings are 30 minutes to one hour long.
If either side has a lawyer, the hearing will last longer. It can last half a day or a full day.
Court hearings might feel overwhelming if you’ve never been to one before. Here are some basic things to remember:
- Dress appropriately: Wear clean, professional clothing, like you would for a job interview.
- Be respectful: Address the judge as “Your Honor,” and don’t interrupt when others are speaking.
- Speak clearly and stick to the facts: The judge wants to understand what happened, not hear opinions or emotional arguments.
- Follow the rules: Each court has its own rules, like how evidence is presented. The judge will usually explain the rules at the beginning of the hearing.
Refer to this article for more information on going to court.
Most restraining order hearings follow this format:
- Check-in: Go to your assigned courtroom and check-in with the judge's assistant so they know you're there. Then take a seat and wait.
- Start of hearing: The judge will call your case name at the beginning of the hearing. Then, they'll provide some basic instructions about what to expect.
- Opening statements: The judge may allow both sides to make an opening statement. This is your chance to give a summary of your case and explain what your case is about.
- Petitioner's case: The person who filed for a restraining order (the Petitioner) gets to tell their side of the story first. They can testify, have witnesses testify, and present other evidence. After each witness testifies, the other side (the Respondent) can ask them questions.
- Respondent's case: The person the restraining order is against gets to tell their side of the story next. They can testify, have witnesses testify, and present other evidence. After each witness testifies, the Petitioner can ask the witness questions.
- Rebuttal case: The Petitioner gets one more chance to testify, call witnesses, or present other evidence to respond to new evidence the Respondent offered.
- Closing argument: The judge may allow both sides to make a closing argument. This is your last chance to convince the judge to rule in your favor.
- Decision: At the end of the hearing, the judge will decide if the restraining order stays in place. If they decide to keep the restraining order, they may make some changes to it based on the information they learned during the hearing.
Most people involved in restraining order cases do not have lawyers. But having a lawyer to help you prepare and/or go to court with you can be useful.
If you want to hire a lawyer, here's some tips for finding a lawyer:
- Oregon's Lawyer Referral Service can connect you with a lawyer in your area.
- If you're worried about affording a lawyer, the Legal Directory on our site can help you find free or low-cost legal help in your area.