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Only the judge can change the temporary restraining order.
Back to top When a temporary order is issued, the respondent does not initially have the opportunity to present his or her side of the story. The judge likely will schedule a hearing within those 15 days to determine the future of the order.
This type of contact could include: Additionally, anyone served with a restraining order or a temporary injunction for protection against domestic violence may be prohibited from going to certain locations named in the order.
For instance, even if the two live together, the respondent may be banned from his or her home.
If the petitioner and respondent share a child, the petitioner may be requesting child support.
The respondent will need to defend himself or herself against that action so that a fair child support determination can be entered.
The person who files the petition and is seeking the court's protection is called the petitioner.
The person who is served with the petition and must respond to the allegation is called the respondent.
The complaining witness will often obtain assistance with the process through the Domestic Violence Unit of the State Attorney's Office.Some places he or she may not be able to go include: The order could apply even if the petitioner invites the respondent to his or her home or any other location named in the court order.Agreeing to this could be a violation of the protective order, which could mean additional penalties.Even if you are unable to testify at the hearing, your attorney still can cross-examine the witnesses against you, present other evidence, request certain relief and make sure the court has a full and complete picture of the events before granting relief to the petitioner in the form of a restraining order.Back to top The respondent will have an opportunity to contest the continuation of the protective order during a hearing, but he or she must attend the hearing.