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It's much like a mini-trial. Your attorney would have the right to cross examine those witnesses, and then put you or other witnesses on to combat it. Then those people can be cross examined, and then at the end, arguments are made for or against the order, and the judge makes a decision. It's very much like a trial.
At a temporary hearing, for example, a Family Court Judge receives temporary hearing packets from both parties, reviews those packets, hears from each party's attorney regarding her/his client's position on the matter, and then makes a ruling, on a temporary basis, as to what terms the parties will abide by until the
Temporary Restraining Order (TRO) If the judge believes you need protection, he or she will give you a temporary restraining order. Temporary restraining orders usually last about 20 to 25 days, until the court hearing date.
Temporary restraining orders (TROs) are designed to protect the victim from immediate danger and will last until a court hearing, which will usually be within 14 days, although the TRO may be extended for an additional two weeks.
File and Answer to the TRO. Tell your side of the story at the mandatory hearing, where the court will review the temporary restraining order and decide whether or not to grant it.
Consider Hiring an Attorney. Prepare Your Evidence in an Organized Fashion. Preserve Your Constitutional Right Against Self-Incrimination if a Criminal Case is Pending. Be Mindful of Proof of Service. Do Not Underestimate the Burden of Proof.
Temporary restraining orders usually last between 20 and 25 days, until the court hearing date. When you go to court for the hearing that was scheduled for your TRO, the judge may issue a permanent restraining order. They are not really permanent because they usually last up to 5 years.
You have the right to attend the final restraining order hearing to defend yourself against the other party's allegations before a final restraining order can be issued against you.At the hearing, the judge will hear testimony from both parties and possibly any witnesses.
In situations where a court issued a restraining order that lack jurisdiction, that order is also invalidated. If this is proven during the trial, you are not bound by such an order. Falsely accused. In case you are falsely accused of violating a restraining order, a defense attorney can clear you of all the charges.