 |
You are here: Protection from Abuse > Domestic Violence > Restraining Orders > For a Restrained Person > Get Ready for Your Hearing
Click on a topic below:
Be prepared.
Get there 30 minutes early.
What if I don't speak English?
What if I am deaf?
Practice saying what you disagree with.
The judge may ask questions.
The judge will decide.
The judge may "continue" your case.
If your case is continued ...
What about child custody or visitation?
What happens after the hearing?
Be prepared:
- Bring documents that support your case (police or medical reports, rental agreements or receipts, pictures, bills, etc.).
- 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 by mail or in person, along with your Answer (form DV-120). Bring filed copies of your Answer and Proof of Service (form DV-250) to your hearing.)
- Most courtrooms don't allow children. Ask the court clerk if there's a children's waiting room in the courthouse.
- Don't miss the hearing! If you miss it, the judge can make the orders without hearing from you.
[ Top of Page ]
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 the person who asked for the order is present, don't sit near or talk to him or her.
- 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.
[ Top of Page ]
What if I don't speak English?
Ask someone who speaks English to call the court clerk at least a week before your hearing. Ask for a court interpreter. You may have to pay a fee. If a court interpreter is not available, bring someone to interpret for you. Don't ask a child or a witness to interpret for you. Click here for tips to help you work with a court interpreter.
[ Top of Page ]
What if I am deaf?
Contact the clerk at least 1 week before the hearing. Ask for an interpreter or other accommodation. Click here for more information for persons with disabilities and a form to ask for an accommodation.
[ Top of Page ]
Practice saying what you disagree with.
Make a list of the orders you disagree with. Practice saying why you disagree. Don't take more than 3 minutes to say which orders you disagree with.
If you get nervous at the hearing, just read from your list. Use your list to make sure you've told the judge about each order you disagree with.
[ Top of Page ]
The judge may ask questions:
- Tell the truth. Speak slowly. You can read from your list.
- The other person or a lawyer may also ask you questions.
- Give complete answers.
- If you don't understand, say "I don't understand the question."
- If the other person lies in court, wait until he or she finishes talking. Then tell the judge.
- Speak only to the judge. Don't talk to the other person 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.
- Don't sit near or talk to the other person.
[ Top of Page ]
The judge will decide:
- At the end of the hearing, the judge will say what the orders are.
- You'll be served with the Restraining Order After Hearing (form DV-130) within a few days, by mail or in person.
- If anything on the DV-130 form is different from what the judge ordered, talk to a lawyer right away. Or ask the court clerk how to find free or low-cost legal services.
[ Top of Page ]
The judge may "continue" your case.
This means you have to come back another day. The judge can do this if:
- You need more time to get a lawyer or prepare an answer.
- The judge wants more information.
- Your hearing is taking longer than planned.
[ Top of Page ]
If your case is continued ...
- The judge may make the orders last until the new hearing date.
- Bring all your papers back to court at the next hearing.
[ Top of Page ]
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 temporary custody and visitation orders last until the next hearing or until another court order.
- Either parent can ask to meet with the mediator separately.
[ Top of Page ]
What happens after the hearing?
- If the judge makes the orders, you must obey them. If you don't, you can be arrested.
- If you don't receive a copy of the orders, ask the clerk for a copy, or talk to a lawyer.
[ Top of Page ]
<< back
Last modified: 03/17/2008
About Us | Web Site Feedback
Web Policies | Public Access to Records | Accessibility
|
