What happens after I file a complaint for a 209A restraining order?

File the complaint

Give the signed and completed complaint and other forms to the clerk at the court. This is called “filing the complaint.” See how to fill out the forms at How to Get a Restraining Order.

Probation Department check

The Probation Department checks the statewide court record system to see if the defendant has a criminal history.  This includes violations of restraining orders and other domestic violence crimes. They also find out if the abusive person has had any other restraining orders, including harassment prevention orders. 

If you know that the defendant has restraining orders or a criminal history in another state, tell the restraining order clerk.

When the Probation Department checks the court criminal record system, they see if there is a warrant for arrest against the defendant. If there is a warrant, the judge will order the Probation Department to tell the police and give them any information about where the police can find the defendant.

If the judge thinks that you or anyone else is in danger, the judge will tell the police to act on the warrant right away.

If the defendant is on probation, having a restraining order issued against them could cause them to have to come to court for violating their probation. There could be a separate court hearing about this. See If I get a restraining order against someone, will they have a criminal record?

Note

The court will check your records, too. They will see if you have any restraining orders, warrants, or criminal cases against you.

Courtroom hearing

After the Probation Department runs their check, the clerk will bring your forms and the information from the Probation Department into the courtroom.

You talk to the judge in the courtroom.

The judge holds a hearing in the courtroom. They read your complaint and your affidavit. They may ask you questions.

Tell the judge why you need a restraining order. Talk about the facts that you wrote in your affidavit. Show the judge any police reports, medical records, or pictures of the abuse that you brought to court.

If an advocate attends the hearing with you, the judge may let the advocate stand with you while you speak. The judge may ask the advocate questions about your case.

Note

The 1st hearing is called an "ex-parte hearing." “Ex-parte” means the defendant is not present at the hearing.

The 1st hearing is called an "ex-parte hearing." At the ex-parte hearing the judge can do 1 of these 3 things:

1. Give you a restraining order and schedule a 2nd hearing. Your order is only good for up to 10 business days and the 2nd hearing will be scheduled on the date the order ends. The 2nd hearing is usually called a "10-day hearing."
2. Decide they need to hear from the defendant before they can make a decision. The judge schedules a 2nd hearing within 10 business days. Judges usually call this a "two-party hearing."
3. Deny your complaint. If the judge denies your complaint, the court will not send any information about your complaint to the defendant.

If the judge decides to make an ex-parte restraining order, they:

1. Schedule a 2nd hearing within 10 business days.
2. Order the defendant be “served” with a copy of the order.
3. Give the restraining order to the clerk. The clerk will give you copies of the order before you leave the courthouse.
4. The court staff records the restraining order against the defendant in the “Statewide Domestic Violence Record Keeping System.”

Read the order before you leave the courthouse. Make sure the information on the order is right. If you find a mistake, go back to the clerk and explain what is wrong. If the clerk cannot correct the mistake, you will need to go back in front of the judge to get the order corrected.

See a Sample Abuse Prevention Order.

Keep a copy of the order with you at all times. You need the order with you so you can show it to the police if the abusive person does something that is against the order.

If the order says the defendant must stay away from your work, your child’s school, or your place of worship, give those places a copy. Keep spare copies of the order in other important places, like your car, with your babysitter, your child's doctors, your friend's house, your parent's house, etc.

If you lose your copy of the order, you need to go back to the same court and ask them for another copy.

The clerk’s office gives a copy of the order to the police department for where the defendant lives. The police will deliver a copy of the order to the defendant. This is called “serving the order” or “giving notice.”

Note

The order does not start working until the police “serve” the defendant with a copy. It may take the police a little while to find them. Call the police to find out when they have given the defendant the order. 

If your order says that the defendant must leave your home, the police will serve them and wait while they leave. You might want to stay somewhere else until you know the defendant has left the home. If the defendant needs to get personal belongings from the house, they can make an appointment to return to the house with the police to take only personal belongings like clothes or medications.

If you do not know where the defendant lives, you should bring this up during the ex-parte hearing. Tell the judge you don't know the defendant's address, and share whatever information you can about where they might be staying or where they could safely be served with the order. Some courts will allow the defendant to be notified about the order by phone.

The second hearing gives the defendant a chance to tell the judge their side of the story.

The order the judge made at the ex-parte hearing is only good for up to 10 business days. The 2nd hearing is scheduled for the date the ex parte order ends. This 2nd hearing is called the “10-day hearing.”

You must return to court for the 10-day hearing if you want your restraining order to be extended.

If the judge does not give you a restraining order, talk to an advocate about what you can do to appeal the judge's decision.