Notice of the hearing is mandatory, but the attendance of the target is not. It will typically preclude contact from a 3rd party, where you have someone try to talk to that person on your behalf. If you do not appear at the hearing, your Temporary Order will expire and you will not receive a Final Protective Order. All Rights Reserved. Decision Following The Hearing: After hearing all the evidence and argument from each party, the judge will make a decision. A protective order comes with serious direct and indirect consequences. The only proper subject matter at the Protection Order hearing is domestic or family violence, stalking, and or sex offenses. The protective order prohibits you from a variety of actions, such as contacting the Petitioner or coming within a certain distance of him or her. If you want to change or cancel an interim Family Violence Restraining Order (FVRO) or Violence Restraining Order (VRO), you … Do you know where the Court is located? The Court may proceed with a Final Protective Order hearing provided that the Court has personal jurisdiction over the abuser and the parties expressly consent to waive the Temporary Protective Order hearing. The full hearing is when the judge will determine whether to issue a permanent restraining order against the respondent. However, the appellate court can reverse the court's decision and order a new trial if it finds that legal errors were made. In less formal proceedings, the bailiff or the clerk will swear you and the other party in by asking you both to state your names and to swear or affirm to tell the truth. Purpose Of Hearing: The hearing is used to determine if a Protection from Abuse Order is necessary. Request for Order Hearing: What to Expect. X Trustworthy Source State of Indiana Official site for state-approved sources related to life in Indiana, including laws, services, and culture Go to source The hearing is not the time to discuss child support, alimony, or anything else. Agree that the restraining order should be made. If the respondent fails to appear, the judge typically grants the order. Check with your attorney, or if you don't have one, get with an experienced local family law attorney to … Sounds like the initial order was granted ex parte. This hearing is held no later than 21 days from filing, and this period is not extended by the granting of an emergency or temporary order. The Restraining Order Filing Process. It definitely has serious consequences, and it could result in a criminal action against you, whereas a protective order is simply a civil order placed by a judge. The protective order will be extended until the judge enters another order. That means the courtroom will be open and people may be in attendance. A protection order can’t be set aside from someone’s record. The person you filed a Protective Order against must be served in person with the Application for Protective Order, your sworn affidavit, and the Temporary Ex-Parte Protective Order. The judge can either decide to issue a “full” Protection from Abuse Order or to dismiss the petition without granting such an order. So what happens at a civil protection order hearing? Thoughtful strategy and court experience ensure the correct result is achieved. If they find merit they will issue a temporary protective order. To establish that an order is needed, the plaintiff must prove to the court that physical abuse or the threat of physical abuse took place. If you want to keep it in place after that, you have to ask for a new protective order, and to allege new reasons why. It might be a good idea to contact one of the domestic violence resource centers in your area to get help, support, and advice on how to stay safe. The court will weigh the evidence and determine which testimony and evidence is most believable. Before representing yourself, you should make every effort to get legal help. You will fill out some paperwork and go in front of a judge or magistrate and explain what has happened, that lead you to seeking protection from the court. Although this is the first time the respondent will be given the opportunity to present evidence that a restraining order is unwarranted, the plaintiff will also be able to present her side of the case more fully. The person can be arrested for not obeying the order. Naturally, a defendant will want to offer up his or her own information and evidence, but strictly speaking this is not a requirement. After you’ve applied for a restraining order, the District Court Registrar will set a date for a judge to hold a court hearing to deal with your application, which must be as soon as practicable. Permanent protective orders may last for several years; however, one can file a petition to have such an order removed. As an example of an order of protection hearing, if the victim fails to appear, the judge dismisses the case. After hearing testimony and receiving evidence, the judge will either dismiss the petition for protective order, in which case nothing happens to the defendant, or grant the petition for protective order and issue an order of protection. How Can Someone Try To Have A Protection Order Dropped With The Help Of An Attorney? Any other supporting witnesses could testify as well. Remember that a protective order is only a piece of paper--it is not a bodyguard. 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