Both sides would be required to go to the hearing. If the protected person fails to go to the hearing, the temporary restraining order will often end that day, and there would not be a continuing restraining orderOn the other hand, if the restrained person or the person who is to be restrained fails to show, then their side of the story would not be heard and the judge would make a decision without the benefit of their testimony or any input from them into the matter.
What Steps Should Someone Take Once A Restraining Order Has Been Filed Against Them?
First, the restrained person should read the order carefully and make sure that they understand the order. Otherwise, they might be sent to jail or fined for disobeying the order.
Next, the person to be restrained should get some legal help and figure out the best way to respond to the restraining order. This is not a simple process and many people should consider getting help from an attorney.
Next, the party to be restrained should file their answer before their court date so that they would be able to get their side of the story heard.
Finally, the person would need to go to court regarding the restraining order on the hearing date that would be on the notice of the court hearing.
Are Restraining Orders Public Knowledge?
A restraining order is not likely to be public if it was only temporary, although a restraining order could get published and become a public document at that point and it could happen without the person even knowing about it. This is unlikely for a temporary order, which would be valid for a short duration of time, to get out publicly, although if it became a permanent injunction, there would then be a greater chance for it to become public.
How Can An Attorney Help Once A Restraining Order Had Been Filed Against Someone?
The attorney’s role would be to help their client understand the legal process, to help them with the paperwork that needed to be filed and responded to and to help with applying for the restraining order. The person would be able to bring a friend or relative as a support person with them to court, but that person would not be allowed to talk on the person’s behalf. Thus, an attorney would also be able to help make the oral arguments on your behalf at the hearing for the restraining order.
For more information on Court Proceedings For Restraining Orders, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (714) 697-8600 today.