What happens at the 2nd (10-day) restraining order hearing?

The abusive person (called the “defendant” in your restraining order case) can come to the 10-day hearing to oppose the order. The police should have given them a copy of the temporary restraining order. It tells them that they have a right to come to court for the 2nd hearing to tell their side of the story.

Make a plan for your safety for the 10-day hearing. If the defendant shows up:

• They have a right to read the affidavit that you wrote the first time you came to court. They will know what you said to ask for the order. 
• You will both be in the courtroom at the same time. A “court officer” should stand between you. The “court officer” is the uniformed officer in the courtroom.

You have the right to be safe in court. If the abusive person does anything to make you scared in court, tell the court officer right away. 

The reason you have a second hearing is so the abusive person can tell their side of the story and say why they do not want a restraining order against them. Be prepared that you will have to tell the judge again why you want a restraining order. You also might have a different judge than the first time you came to court.

10-day restraining order hearings usually happen like this:

1. The judge reads your file and the affidavit you wrote to get the order.
2. The judge asks you why you need the order. Focus on telling the judge how the other person abused you and made you afraid for your physical safety. You can show the judge proof of the abuse like police reports or photos. See below for more info about gathering proof for the hearing.
3. The judge can ask you questions while you are talking. If the abusive person brings a lawyer, the lawyer can ask you questions after you are done talking.
4. The abusive person then gets to tell their side of the story. The judge can ask them questions too. If you have a lawyer, your lawyer can ask questions when they are done talking.
5. At the end of the hearing, the judge decides if they will extend your restraining order and for how long.

Make sure to keep your cool, no matter what the abusive person says. Do not interrupt them. You should have a chance to respond after they are done talking. Explain why what the abusive person said is wrong or a lie. Tell the judge what really happened.

Do not talk directly to the abusive person while you are in front of the judge. Speak only to the judge.

Being in court with a person who abused you can be scary. If you can, bring someone with you for support: a friend, a family member, or an advocate.

You can also look for a lawyer to represent you.

If you have any of the following things, bring them with you to show them to the judge:

• medical records about your injuries from the abuse,
• police reports about the abuse,
• photos of what you looked like after the abuse,
• objects or clothing that the abusive person broke or tore,
• any person who saw the abuse and is willing to talk to the judge about it,
• any other documents you think would help the judge understand what really happened.

Do not worry if you do not have any of these things. What you say in court also counts as proof of abuse.

Try to think of all the things that the abusive person might say about you.

Also think about the things they may say that are not true. You need to know what to expect.

At the 10-day hearing, the judge can extend the restraining order for up to 1 year. The judge can also decide to extend the order for less than 1 year. If the judge extends the order, they automatically schedule an “extension hearing” for the date your order ends. They write this date on the second page of your restraining order.

If the judge does not grant you a restraining order, talk to a lawyer or advocate about what you can do to appeal the decision. They can help you find a legal aid program to talk about your options.

If the police are not able to give the defendant a copy of the order before the date for the 10-day hearing, the judge will set a new date for the 2nd hearing.

The new date will probably be another 10 days later.

The judge will extend your order until the new date so it is good until the next hearing. The judge will write the date of the new hearing on the order.

If this happens many times and the police are still not able to find the defendant, tell the judge if there are other ways to contact them, like by phone or email. You can also tell the judge if there are other places to find the defendant, like their job.

If the defendant does not show up, the judge may ask you to explain the reasons you need the restraining order to be safe.

The judge can extend your order for up to 1 year. The judge can also decide to extend the order for less than a year.

If the judge extends the order, they automatically schedule an “extension hearing” for the date your order ends. They will write this date on the second page of your restraining order.

You might decide not to go to the second hearing. Maybe you don’t feel like you need the order any longer. Maybe you are worried about how the abusive person has reacted to the order and you don’t feel safe going back to court. It is your choice. 

The judge cannot extend your order if you are not at the second hearing. The judge will either end the order right away or let it expire at the end of the business day.