I have a Final Restraining Order Hearing, What Should I Expect?

I deal with many people who come into my office who have a final restraining order hearing coming up. Well, what does that mean? It means that the temporary restraining order that was issued against you by a municipal court judge is now being heard so it can be turned into a final permanent restraining order against you. Well, what exactly does that mean? It means that the plaintiff, or the alleged victim, must come into court and testify as to what occurred and why it is that they want that restraining order.

And we have the ability to defend against those accusations. And what is it that the plaintiff has to prove? The plaintiff has to prove first a predicate act. And what is a predicate act? It's basically, it's the underlying act.

It could be a simple assault. It could be an aggravated assault, it could be a criminal mischief, it could be harassment, it could be stalking, it could be as serious as kidnapping. So they must prove first that there was a predicate act, but that's not where the, the questioning ends, because in order for that restraining order or final restraining order to be issued, in addition to proving that predicate act, they also must prove that there is an immediate need for that restraining order because they are in danger right now. So it's important that if you have a final restraining order hearing coming up, that you contact an attorney that has the ability to defend you against these types of accusations, which can have a lasting effect on your life.