The allegations of violence or harassment will be read, and then the judge will give each party the opportunity to present their side of the story. All too often, litigants mistake the quick nature of the hearing as an indication that the matter is more “relaxed” than other court settings. After hearing evidence, the plaintiff also will be given the opportunity to express any conditions she desires be included in the restraining order. What Does Having A Record Expunged Actually Mean? When a judge decides that the petition for a protection order or a renewal should be granted based on the contents of the petition, the judge may sign an ex parte order. What Sort Of Restrictions Are Imposed In The Victim Protective Orders (VPO)? A judge typically gives an immediate hearing to the plaintiff, reviewing the paperwork, setting a date for the full hearing and determining whether a temporary restraining order is needed. The King County Superior Court is currently not taking in-person walk-ins for Ex Parte Protection Orders. State of Colorado: County Court Restraining Orders, Chester County Court of Common Pleas: People in the Courtroom. Issuance of the Order. It just can’t be purely responsive or purely vindictive. However, an order is only one part of staying safe and may not be the safest option in every situation. Unless they are officially rescinded by the court, no provision of a restraining order should be violated. This remains in effect until the court holds a hearing for a permanent protection order. Those are the types of restrictions that we most commonly see, and then depending on the allegation on which the order is based, sometimes the person that the order is served on will also be restricted from having a firearm during the period of the order. Filing for a Protective order. Some provisions of the order will depend on the state and the circumstances that necessitate the use of an order of protection. A restraining order hearing works like a trial, without a jury. A protection order can’t be set aside from someone’s record. It’s much like a mini-trial. A hearing date will usually be set as soon as you notify the court of your intention to make a motion to rescind a protection order. The procedure for the hearing is formal and often like a regular trial. Protective orders generally last for 12 months. What Happens If Someone Violates It? How Does Someone’s Criminal History Affect Setting Aside A Record? Hearings are generally handled remotely but the court is open for emergency situations. After a person files a petition for a protective order, a hearing will be scheduled within seven to 10 days. Your Personal Safety Intervention Order Court Hearing IMPORTANT INFORMATION FOR COURT USERS Issued 28 October 2020 The court is changing the way that it manages Personal Safety Intervention Order matters to better protect the safety and wellbeing of court users and staff. It is critical that you keep the Protective Orders office informed of any change in telephone or address. Usually there are two hearings in restraining order cases. The court needs to understand why the plaintiff has reason to fear her former partner. "Ex parte" is Latin for "on one side only," and these hearings are so called because at this time, only the plaintiff has the opportunity to present her side of the story. In some states, the police can give the victim an emergency order. A court order to protect a person, their children and their property from another person’s behaviour. Copyright 2021 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Personal safety intervention orders may be known as restraining or apprehended violence orders in other states and territories. For a remote hearing, call the court at (602) 506-5572 with your confirmation number. A Temporary Order for Protection can be issued immediately and give you protection until a Full Order hearing, approximately two weeks later. The court may order an extension, only upon good cause shown, of up to three court days from the date of such child's removal. In most cases, this notification will take place before you serve the defendant. The plaintiff will describe what happened and present any evidence or witness testimony. A deputy sheriff provides security in the courtroom, and the court clerk is in charge of documents and physical evidence and swearing in witnesses. The court shall provide the respondent with a form to request a hearing to vacate. The new order cannot be based on old reasons. At a later hearing, both the plaintiff and the respondent have the opportunity to present their case. There are three types of protection orders. All hearings are currently being done telephonically. Both the plaintiff and the respondent will most likely – but not necessarily – be present in the courtroom. Witness testimony is particularly compelling, especially if witnesses can testify that the defendant's threats and acts are remaining constant or increasing. A court reporter will also be present, keeping the official record for the courtroom. Get your questions answered - call me for your free, 20 min phone consultation (602) 456-1982. The success of the plaintiff's case largely depends on the evidence brought before the court. If the plaintiff is not present, the restraining order will probably be denied, but if the respondent does not appear, the restraining order will probably be automatically granted. The Clerk's Office will provide you the information needed to have a telephonic hearing. Additional Information On Protection Orders For Domestic Violence Cases In Arizona. The hearing will determine if the judge should issue the order of protection and what conditions will attach that restrict the ability and communication with the target. The Anchorage court has extended hours at the Boney Courthouse, 303 K St., for protective order petitions Monday – Friday 8 am – 8 pm, Saturday and Sunday noon – 8 pm.