Basic Information About Contested Restraining Order Hearings
A contested restraining order hearing happens when the respondent (the person the order is against) disagrees with a restraining order and asks the court to remove or change it. Keep reading to learn more about these hearings. You can refer to this guide for tips on preparing for your hearing.
What happens at a restraining order hearing?
At the hearing:
- The person who requested the restraining order (the petitioner) explains why they need it, often by talking about threats, harassment, or abuse.
- The respondent can share their side and explain why they believe the restraining order is not necessary or justified.
Both sides can present evidence, bring witnesses, and answer the judge's questions. After hearing both sides, the judge decides whether to keep, change, or dismiss (end) the restraining order.
How do I know when my hearing will be?
You'll only have a contested hearing if the other side wants to fight your restraining order. If they do this, they can ask for a hearing.
Courts must schedule contested hearings very quickly. The court may schedule the hearing within a few days or a few weeks after the other side requests a hearing.
The court will notify you when the hearing will be. Call the court if you have questions about the hearing.
Do I need to hire a lawyer?
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.
You can visit the Legal Directory to find legal help in your area.
More Frequently Asked Questions
If you applied for the restraining order, your order will most likely be dismissed (terminated). If someone got a restraining order against you and you don't show up, the other side wins automatically.
If you need to reschedule a hearing or accidentally miss your hearing, call your local circuit court immediately. Sometimes court staff will let you reschedule.
Most contested hearings last anywhere from 30 minutes to a few hours. The length of the hearing depends on how much evidence both sides have.
In some situations, you can also ask the court to order the other person to pay your attorney fees. You must ask the judge for this in writing before the contested hearing.
- If you're the Petitioner: You can ask the Respondent to pay for your attorney fees on your application for a restraining order (Petition).
- If you’re the Respondent: You can ask the Petitioner to pay for your attorney fees on your "Request for Hearing" form.
In some situations, a judge can require you to pay the other person’s attorney fees (if they hired an attorney). A judge will usually only make you pay attorney fees if they think you acted badly during the case. You don’t have to pay the other side’s attorney fees just because you lose.
If a judge says you must pay the other person’s attorney fees, you’ll get more paperwork about this from the other person’s attorney. You should act quickly if you want to disagree with paying attorney fees or the amount of attorney fees. Read the paperwork carefully so you understand your rights.