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You are here: Protection from Abuse > Domestic Violence > Restraining Orders > Get a Restraining Order > Get Ready for Your Hearing
This section will tell you how to get ready for your hearing. Click on a topic below or click here  to listen to this information:
Be prepared.
Don't miss your hearing!
Get there 30 minutes early.
What if I don't speak English?
What if I am deaf?
Practice what you want to say.
The judge may ask questions.
The judge will decide.
The judge may ""continue"" your case.
What about child custody or visitation?
What happens after the hearing?
Remember, you and other protected people can't serve the orders.
Be prepared:
- Bring documents that support your case (police or medical reports, rental agreements or receipts, photos, bills, etc.). Bring 2 copies of all documents and filed forms, including the Proof of Service.
- You can bring a friend or relative (a "support" person), but that person must not talk for you in court.
- You can bring a witness to help support your case. Witnesses may or may not be permitted to testify. But you can bring a written statement of what the witness saw or heard. You must file and serve witness statements at the same time that you file form DV-100 and DV-110.
- Most courtrooms do not allow children. Ask if there's a children's waiting room in the courthouse.
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Don't miss your hearing!
If you miss it, the restraining orders will end and you'll have to start from the beginning.
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Get there 30 minutes early:
- Find the courtroom.
- When the courtroom opens, go in and tell the clerk or officer that you're present.
- If you're afraid of the restrained person, tell the officer.
- Watch the other cases so you'll know what to do.
- When your name is called, go to the front of the courtroom.
- Your hearing may last just a few minutes or up to an hour.
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What if I don't speak English?
When you file your papers, tell the clerk you'll need an interpreter. If a court interpreter is not available, bring someone to interpret for you. Don't ask a child, a protected person, or a witness to interpret for you. Click here for tips to help you work with a court interpreter.
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What if I am deaf?
When you file your papers, ask for an interpreter or other accommodation. Click here for more information for persons with disabilities and a form to ask for an accommodation.
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Practice what you want to say.
Make a list of the orders you want and practice saying them. Do not take more than 3 minutes to say what you want.
If you get nervous at the hearing, just read from your list. Use that list to see if the judge has made every order you asked for.
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The judge may ask questions:
- Tell the truth. Speak slowly. You can read from your list.
- The restrained person or his or her lawyer may also ask you questions.
- Give complete answers.
- If you don't understand, say "I don't understand the question."
- If the restrained person lies in court, wait until he or she finishes talking. Then tell the judge.
- Speak only to the judge unless it's your turn to ask questions.
- When people are talking to the judge, wait for them to finish. Then you can ask them questions about what they said.
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The judge will decide:
- At the end of the hearing, the judge will say what the orders are.
- Make sure your form DV-130 says what the judge has ordered. Sometimes the clerk fills out the form for you. If not, fill it out yourself. If you filled it out before the hearing, you may have to make changes.
- Review it and make sure you understand. If anything is wrong or missing, tell the clerk right away.
- If the judge makes the orders, the judge will sign your DV-130. Take it to the clerk to file it. The clerk will give you up to 5 copies.
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The judge may "continue" your case.
This means you have to come back another day. The judge can do this if:
- The restrained person needs time to get a lawyer or prepare an answer.
- The judge wants more information.
- Your hearing is taking longer than planned.
Ask the clerk for the forms you need.
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What about child custody or visitation?
- If you need child custody or visitation orders, the judge will send you to mediation. Mediation helps parents agree on a plan for custody and visitation that's best for the children.
- If you're sent to mediation, the judge may make your restraining, custody, and visitation orders last until the next hearing or until another court order.
- Either parent can ask to meet with the mediator separately. You can bring a support person with you to mediation. A support person can provide emotional support but can't speak for you.
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What happens after the hearing?
- Ask the clerk if the court will fill out DV-130 for you. If not, fill it out. Click here for additional forms you may need to attach to your DV-130.
- If the judge makes the orders, go to the clerk and file DV-130.
- If the restrained person was at the hearing, you can have him or her served with a copy of DV-130 by mail. Ask the server to complete form DV-250 and give it back to you after the restrained person receives DV-130.
- If the restrained person was not at the hearing, but the judge's orders are the same as the temporary order, you can have him or her served with a copy of DV-130 by mail. Ask the server to complete form DV-250 and give it back to you.
- If the restrained person was not at the hearing, and the judge's orders are different from the temporary order, you must have someone serve DV-130 in person, not by mail. Ask the server to complete form DV-200 and give it back to you.
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Remember, you and other protected people can't serve the orders.
The sheriff or marshal can serve the orders for free. Ask the court clerk if you need to file more forms. Take your Proof of Service (DV-200 or DV-250) to the clerk and file it. Keep a copy. Read form DV-210 for help. To listen to this information, click here .
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Last modified: 03/17/2008
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