Time To File Temporary Restraining Order
A temporary restraining order is associated with an "order to show cause". This means that the court can give both the parties involved a chance to show each other the reasons why or why not a more permanent restraining order should be issued for the particular case.
The restraining order is something that has to be taken very seriously by the abuser. Sometimes, one of the parties is unable to show up in court and is termed as an "ex parte" appearance. In such situations, the court automatically issues a temporary restraining order to the party that has requested it. This decision is taken on the same day of filing the papers. Usually ex parte restraining orders are given when the judge feels that there is sufficient evidence to prove that the petitioner is in immediate danger. In case the evidence is insufficient to show immediate danger, then the hearing date is set which is usually within 14 days. It is on the hearing date that the court will decide on the temporary restraining order.
This is why it is important to collect enough evidence when one plans on getting a restraining order against someone. It is quite a tedious task to gather evidence while one is under stress of being stalked and harassed, but it is not impossible to do so. Having enough evidence in hand to show and prove one’s case to the court is a necessity in getting a restraining order against one’s abuser.
Ex parte temporary restraining orders can last up to fifteen to twenty days, before the court is ready for the next hearing of the case. While a temporary restraining order can last from one month to one year.
Once the court signs the order, two copies are given to you. You must keep a certified copy on your person always. Copies of the order are also sent to the nearest police station, where the Marshal has the responsibility of serving the court order. This should be done a minimum of 5 days before the hearing date. The Marshal will also give the original return of service, which proves that the notice was served.
On the hearing day, be present with all the relevant documents, including the ex parte restraining order if applicable, and the return of service. Here the court will decide to issue the order or extend it depending on what the case may be.
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