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What happens at the Final Restraining Order hearing?

Question and Answer

What happens at the Final Restraining Order hearing?

  • The judge will hear testimony from both parties.
  • The judge will decide whether an act of domestic violence occurred, whether a final restraining order (FRO) should be issued and if so, what types of relief will be granted.

Relief could include the following prohibitions:

  • The defendant might be barred from future acts of domestic violence.
  • The defendant might be barred from the plaintiff’s residence, place of employment or other places.
  • The defendant might be prohibited from having any oral, written, personal, or electronic contact with the plaintiff or others.
  • The defendant might be prohibited from making or causing anyone else to harass the plaintiff or others.
  • The defendant might be prohibited from stalking, following, threatening to harm, stalk, or follow the plaintiff or others.
  • The defendant might be ordered to pay child support or emergency funds.
  • The defendant might be ordered to attend substance abuse counseling or other evaluations.
  • The defendant will be prohibited from possession of weapons.
  • The plaintiff might be issued exclusive possession of the residence, temporary custody of children, support, medical coverage, damages, and other items.
  • If the FRO is issued, the defendant will be photographed and fingerprinted and will be ordered to pay a penalty of $50 to $500, payable through the court’s finance department.
  • A copy of the FRO will be given to both parties. It is important to review the order before leaving the building to ensure accuracy.
  • The Family Division will forward a copy of the order to the police department in the municipality where the plaintiff lives.
  • The plaintiff also should provide copies to work, daycare centers, schools, and any other places of significance.
  • The plaintiff should keep the FRO in his or her possession at all times. If lost, additional copies can be requested at the domestic violence unit where the order was entered.