Restraining Order Attorney
A very experienced attorney for your trial or long cause hearing
Question
How many different types of restraining orders are there?
There are different types of restraining orders, processed and issued by local courts. There may be temporary orders issued and, after a trial or hearing is held, there might be permanent restraining orders issued based on the judge’s decision after hearing the testimony and other evidence. “Permanent” doesn’t mean for a lifetime; many restraining orders are typically for a three year period, but may be longer or shorter. Permanent only means after a trial or long cause hearing.
Different types of restraining orders might be, for example, domestic violence restraining orders, elder abuse restraining orders, civil harassment restraining orders and criminal protective orders. They are all handled differently. Different laws apply to each type. Different standards of proof apply to each type of restraining order. Whether any discovery is permitted will also vary. Knowing the different types of restraining orders is important to know how to best handle them, plan strategies for your case and properly prepare for the hearing or trial. See the next page for further information.
Question
Will there be a trial?
Yes, there will always be a trial or hearing held to prosecute or defend a restraining order, no matter which type. Unless the plaintiff / petitioner elects to drop the restraining order, or the defendant / respondent decides to have a restraining order made permanent, or doesn’t show up, or accepts it voluntarily, there will definitely be a trial, because the judge must hear the evidence to grant a permanent order when the temporary orders expire. The initial orders are temporary and only last for a very short period of time. For a permanent order, such as for a typical three (3) year period, there must be a trial or hearing for the judge to grant or deny it. A permanent restraining order after trial or hearing may be shorter or longer than three years.
THERE WILL ALWAYS BE A LONG CAUSE HEARING OR TRIAL
Trial or long cause hearing
At some point, depending on the particular type of restraining order, you will receive a notice of hearing or trial, also called a long cause hearing.
This means you are going to trial to prove the case as the plaintiff / petitioner, or to defend it, if you were the respondent / defendant who was served papers to appear in court. A trial or long cause hearing is required in order to permanently restrain a defendant / respondent, based on the laws of due process. If you are the plaintiff / petitioner and fail to show up, the court will drop the restraining order, and potentially order you to pay the defendant’s attorney’s fees if they hire one and a fee request is granted.
If you were served papers as a defendant to appear to defend a restraining order, and don't appear in court,
the judge will likely issue a permanent restraining order against you if the petitioner / plaintiff testifies against you.
This can have serious consequences with your current or future employment, you will lose your rights to own or possess a firearm, and can be subject to arrest for a future violation of the restraining order, even if the violation wasn’t serious.
After swearing in the parties under oath to tell the truth, anything which is not accurate may be used against you.
If you have seriously misstated the truth, or made repeated exaggerations, the judge may view you as not credible. Accuracy is important. If your testimony is not believed by the judge, it is possible you will lose your side of the case. Expect the other party to testify in a manner which refutes your own testimony, justifies it, or explains it. Do not expect an easy time at trial or the long cause hearing.