What Do I Have to Prove at my Restraining Order Hearing?

If you are the Petitioner, you must prove:   

1. The Respondent abused you at least once in the last 180 days.* Abuse includes:
   • Causing injury.
   • Attempting to cause you injury
   • Threatening to hurt you
   • Forcing you to have sex
2. You must also prove that you have good reasons to think the Respondent will hurt you again.

If you are the Respondent, you can win if you do any of these things:

• You point out that the Petitioner did not prove everything listed above.
• You prove the Petitioner's version of events isn't believable or reliable.
• You prove that you are no longer a threat to Petitioner.

*The 180-day period does not include periods when the Respondent was in jail or lived more than 100 miles from the Petitioner.

If you are the Petitioner, you must prove:  

1. You are either a person over 65 or a person with a physical or mental disability that makes it harder for you to do basic activities like walking, eating, sleeping, etc.  
2. The Respondent abused you in the last 180 days.* Abuse can include:  
   • Hurting you, trying to hurt you, or threatening to hurt you.
   • Calling you unkind names, saying awful things to you, or yelling at you.
   • Neglecting or abandoning you, resulting in physical harm.
   • Sexually abusing you.
   • Financially abusing you.
3. The Respondent is likely to abuse you again soon. 

If you are the Respondent, you can win if you do any of these things:

• You point out that the Petitioner did not prove everything listed above.
• You prove the Petitioner's version of events isn't believable or reliable.
• You prove that you are no longer a threat to Petitioner.

If you are the Petitioner, you must prove: 

1. You were contacted (stalked) by the Respondent at least twice in the last two years.
2. The Respondent has a good reason to know or suspect you don’t want to be contacted.
3. That contact caused you to feel alarmed, afraid, or that you were being forced to do or not do something against your will.
4. You have good reasons to be afraid that the Respondent may hurt you or someone in your family. 

If you are the Respondent, you can win if you do any of these things:

• You point out that the Petitioner did not prove everything listed above.
• You prove the Petitioner's version of events isn't believable or reliable.
• You prove that you are no longer a threat to Petitioner.

If you are the Petitioner, you must prove all of these things: 

1. The Respondent had sexual contact with you without your consent
2. The Respondent was not your romantic partner (For example, the other person could be a co-worker, supervisor, someone you went on a date with, a neighbor, roommate, family friend, etc.). 
3. You have good reasons to think that the person who abused you will hurt you again.  

If you are the Respondent, you can win if:

• The Petitioner does not prove all the things listed above.
• You prove the Petitioner's version of events isn't believable or reliable.
• You prove that you are no longer a threat to Petitioner.

If you are the Petitioner, you must have strong evidence that the Respondent is likely to attempt suicide or hurt others in the immediate future.

If you are the Respondent, you can win if you do either of these things:

• You point out that the Petitioner did not prove you're a threat to yourself or others.
• You prove the Petitioner's version of events isn't believable or reliable.

Besides proving the main elements of your claim, a judge will likely also want to know if either the Petitioner or Respondent has:  

• A history of violence.
• Prior felony convictions against them.
• Prior restraining orders against them.
• Recently threatened to harm someone.
• Access to guns or recently tried to get a gun.
• Recently threatened suicide or attempted suicide.
• An untreated mental illness.
• A history of abusing drugs or alcohol.

This information helps the judge decide which person is the real threat and who needs protection from the court.