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Old Apr 02, 2013, 09:20 PM
dogzrule dogzrule is offline
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Member Since: Nov 2012
Posts: 56
Quote:
Originally Posted by amandalouise View Post
I dont know where you are but here in New York a court hearing for a restraining order is only about 15 minutes total and both sides get their say... the judge asks questions and the lawyer for the one being abused answers the questions unless the judge asks the person being abused a question directly. then the judge asks the abuser and his lawyer questions. then the judge decides whether there are grounds for the restraining order..

example (using what you have posted here in this thread)

Judge...we are here to address the respondents petition for a restraining order, those present are the respondent (your name) respondents lawyer (name) the defendant (name) and defendants lawyer (name)

lets start with the respondent.... what are the grounds for this petition?

the abused lawyer...you honor this is a case of domestic violence. there is quite a history of violence spanning the course of a year where the defendant has physically battered my client. recently the defendant was arrested and charged with battery. my client no longer resides with the defendant and fears for her safety, therefore we are asking for a restraining order.

Judge...since moving out of the defendants home ( or since the defendant moved out) has there been any recent occurrences of harassment or abuse by the defendant?

lawyer...no but there is a possibility that the defendant may have attempted to enter my clients residence uninvited. her door knob and dead bolt have mysteriously loosened, my client did take steps to repair the door knob and dead bolt but they mysteriously became lose again.

Judge...do you have any witnesses that can be called to give testimony that the defendant damaged the door knob and deadbolt?

lawyer ...no your honor my client was out of the home when it happened..

Judge to the abuser and lawyer...were you recently arrested for battery?

the abuser or their lawyer answers

Judge did you attempt to enter the respondents home?

the abuser or their lawyer answers

Judge...to either side...is there any documentation to the alleged past history of abuse by the defendant?

Judge...is there any documentation to the most recent alleged abuse?

you and your lawyer gives the judge access to photos, hospital records other documentations available. and those that may have witnessed the abuse give a short testimony by answering the judges questions.

(these are just sample questions of court hearings for restraining orders I attended for my clients the ones your judge may ask may be different.)

then you walk out the door with either your copy of the restraining order or knowing the judge denied the restraining order.

At least thats how it goes here where I live and work, very short 15 minute hearing.
Thank you so much - that is helpful. I don't have a lawyer - what I did read about lawyers is, if he shows up with one and I don't have one I can request a continuance of the temporary restraining order and postpone the hearing to give me time to get one. This website (one I was directed to from a help organization in my area) has been very helpful: WomensLaw.org | Home.

What my therapist, friends, and coworker have said is that he may not even show up. I am going fully expecting him to be there, but I don't really expect him to take this as seriously as I am. Based on his demeanor toward law enforcement when he was arrested, I don't expect him to be calm and collected, but then again, I may be wrong.
Hugs from:
amandalouise, Anonymous33145
Thanks for this!
amandalouise