Restraining Orders

USE THIS PARAGRAPH IF EITHER THE PETITIONER OR RESPONDENT WRITES IN: Although I can’t speak about your specific situation, generally, if the petitioner (the person who has filed for a restraining order) can prove that the respondent was served with the order and notice to appear and s/he fails to show up, then the judge may go forward with the hearing and the petitioner may get the final order anyway. It is possible that the judge might do what is sometimes called an inquest (a one-sided hearing where only the petitioner testifies) or the judge may just grant it based on the petition and the fact that the respondent didn’t show up. Another possibility is the judge could adjourn (postpone the case) to give the respondent another opportunity to appear and even possibly issue a warrant for the respondent’s arrest or a bench warrant for him/her to appear on the next date. I can’t say for sure what will happen in your case but these are general possibilities.

THIS SECOND PARAGRAPH IS APPROPRIATE ONLY if it’s THE PETITIONER writing to us: However, to get a final order without the respondent being present in court, generally, the burden is on the petitioner to prove that the respondent was served with notice of the case. I cannot speak to [STATE’S] laws specifically but usually, the petitioner has to bring in a signed affidavit of service that is filled out by the person who served the respondent with the papers. Do you know for sure that the respondent was served with the order and the notice of the court date? You may want to contact whoever served the respondent and ask for the affidavit of service - if it is the police or sheriff, they may have their own form they’d fill out or they may have filed proof of service directly with the court. If it is a third party the petitioner knows who served the respondent, the petitioner may have to provide the paper from the court to have him/her fill out and notarize before the judge would grant the order. Either way, the petitioner would bring it with him/her to court to show the judge. You can read more about the restraining order process in your state here: LINK TO THE RO PAGE IN THE WRITER’S STATE If you would also like to speak with a lawyer about your situation, you can find listings for legal resources, some which may be free or low-cost if you qualify, here: LINK TO FINDING A LAWYER PAGE