If you’ve decided to take out a restraining order against another individual, you must be prepared for the hearing that will decide if your request is granted. A restraining order is more difficult to obtain in some areas than in others, but it is ultimately up to the judge to decide if you have sufficient cause. Presenting significant evidence against the other person is a great way to start, but here are a few other tips for preparing for a restraining order hearing.
Calm Down
You might be hurt, scared, angry, indignant and any combination thereof, but the court room is no place for emotion. The judge should know your experience with the other individual, but try to be as calm as possible before you go to your restraining order hearing. In other words, put your game face on and prepare for a trying ordeal that could result in what you want – or not. Remember that most stalkers and abusers are looking for an emotional reaction, so don’t give him or her the satisfaction of your pain.
Know What You Want
There are different types of restraining orders (or orders of protection) that you can request from the court system. Some restrict the defendant to a particular distance from your home or person, while others might include your neighborhood or place of employment. Before you attend your restraining order hearing, decide what you want the judge to grant, and base your argument on those desires.
Contact Witnesses
If you can bring witnesses to a restraining order hearing, your request will hold more weight with the judge. For example, if your best friend as seen your ex-boyfriend waiting for you outside your home and work, he or she should be there to testify to that fact. Unfortunately, most requests for orders of protection are based on a he-said, she-said argument that can be difficult for a court of law to untangle. Make the decision easier for the judge whenever possible.
Gather Police Reports
The courts rely on paper trails when making decisions about domestic matters, so have as much paperwork as possible before your restraining order hearing. Police reports are the strongest proof, and show you were serious enough to call the police when you felt threatened or violated. You might also ask the officers to attend your hearing, but this isn’t necessary if they were sufficiently detailed in their reports.
Practice
While you don’t want your testimony at a restraining order hearing to sound rehearsed, practicing it in front of a mirror or with a friend can help cure the jitters. Practice what you want to say to the judge so you don’t leave anything out, and decide how you want to start. A professional monologue that includes only the facts – not your interpretation of the facts – can be invaluable in court because the judge will see that you are of a sound mind.
