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.
What is a contested restraining order hearing?
A contested restraining order hearing is a formal court proceeding where both sides of a restraining order case appear before a judge.
Both sides can talk to the judge, present evidence, and have witnesses testify at the hearing. A judge will decide whether to keep, change, or dismiss the restraining order.
Why am I have a hearing?
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.
How long will my hearing last?
Most restraining order hearings last 30 minutes to 1 hour.
If either side has a lawyer, the hearing will last longer. It can last half a day or a full day.
What should I know about going to court?
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.
What happens during my hearing?
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.
Next step
Go to part 2 of our restraining order hearing guide to understand what you need to prove at your hearing.
Frequently Asked Questions
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 are some tips for finding a lawyer:
- Oregon's Lawyer Referral Service can connect you with a lawyer in your area.
- If you can't afford a lawyer, you can try calling your local legal aid office to see if they can represent you for free.
Tip: If you can't find a lawyer in time for your hearing, go to the hearing and tell the judge you'd like to reschedule because you're looking for a lawyer. Judges will often reschedule a hearing if you need more time to find counsel.
It is not easy to get the court to reschedule a hearing. If possible, try to reschedule your other obligations first. Your restraining order hearing should be a priority.
If you absolutely cannot get to court on the date of your hearing, call the circuit court where the restraining order was filed as soon as possible to see if they will reschedule the hearing. If they won't reschedule, you can also ask for permission to appear remotely (by phone or video).
If you don't attend your hearing, here's what will happen:
- If you applied for the order, the court can end your order (dismiss it) if you don't show up to the hearing.
- If the order is against you, the court can keep the order in place, and you may not get another chance to fight it.
Possibly, but you usually need to get permission from your local circuit court first.
Every circuit court handles these requests differently. Call the circuit court where your case was filed and ask them what steps you need to take so you (or your witnesses) can participate in your hearing by video or phone.
Yes. You can ask the court to conduct the hearing by video or phone (called a remote hearing).
However, every circuit court in Oregon handles these requests differently. Call the circuit court where your restraining order case was filed and ask how to "request a remote hearing."
You can ask for a remote hearing if:
- You live far away from the courthouse.
- You have safety concerns about attending in person.
- You found an attorney to represent you, but they live far away and can't attend the hearing in person.