Form Pkt-008 - Domestic Violence - Restraining Order With Children Packet Page 22
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23DV-520-INFO
Get Ready for the Restraining Order Court Hearing
At the hearing
The court may postpone (continue)
Get to court at least 30 minutes
your case if:
early. Find your courtroom. When it
The person to be restrained has not been
•
opens, go in and tell the courtroom
served or needs time to get a lawyer or
clerk or law enforcement officer you
prepare an answer.
are present, and the names of any
witnesses, and if the witness needs
The judge wants more information or your
•
an interpreter.
hearing is taking longer than planned.
•
Do not sit near or talk to the other person. If you are
If this happens, you will have to come back another day.
afraid of the other person, tell the officer.
The person who asked for the order may ask the judge to
•
Watch the other cases so you will know what to do.
make the temporary orders last until the new hearing
•
Go to the front of the courtroom when they call your
date. The court might use form
DV-116
for the new
name.
hearing.
•
You may be at court several hours. It depends on how
many cases there are. Your hearing may last just a few
At the end of the hearing
minutes or over an hour.
For most cases, the judge will make decisions about your
Warning! If you asked for the restraining order but do
case at the end of the hearing. To decide if the requested
not go to the hearing, your temporary restraining order
orders should be approved or not, the judge will decide if
will end and there may not be a hearing. The court could
the evidence shows that the person asking for protection
make other orders if the other side asks, even if the
is entitled to a restraining order. The judge will consider
restraining order is not granted. To get another
the evidence and the safety risks of the adults and
restraining order, you must fill out and file a new set of
children involved in the case. If the judge makes orders at
forms.
the hearing, the orders will be on form DV-130,
In the courtroom
Restraining Order After Hearing.
The judge may ask you questions. The
other people in the case and their lawyers
may ask questions, too.
If you asked for the order(s):
•
Tell the truth. Speak slowly. Give
•
The court clerk might fill out form DV-130. If so, s/he
will take it to the judge. If not, ask who should fill it
complete answers. You can read from
out, and where to file it. After the form is filed, the
your list.
court clerk will give you up to 3 copies.
Try to answer exactly what the judge asks.
•
•
Read the signed form
DV-130
carefully. If anything is
•
If you don’t understand, say “I don’t understand the
different from what the judge said in court, ask the
question.”
•
Speak only to the judge unless it’s your turn to ask
clerk for help right away. Or talk to your lawyer, if you
questions or the judge tells you to answer a question
have one.
from the
other person or his/her lawyer.
•
Your temporary orders expire at midnight of the date of
•
Do not interrupt anyone! If the other person tells a lie,
your hearing. File your new order the same day so you
wait until s/he finishes talking, then tell the judge.
will be protected.
•
If the court makes the restraining order, the clerk will
Family Court Sevices
send form DV-130, Restraining Order After Hearing to
If you ask for parenting time (custody and visitation)
law enforcement. Doing this puts your orders in a
orders, the court may send both parents to Family Court
database called CLETS. This lets police everywhere in
Services for court-connected mediation or child custody
the state know about the orders.
recommending counseling. For more information, see
•
Important! Always keep a copy of the restraining order
forms: FL-313-INFO, Child Custody Information Sheet
with you.
—Recommending Counseling, or
FL-
314-INFO, Child
Custody Information Sheet—Child Custody Mediation.
If you are sent to Family Court Services, the judge may
extend the date of the orders (or make new temporary
orders) to last until your next court date.
Get Ready for the Restraining Order
DV-520-INFO,
Revised January 1, 2016
Page 2 of 3
Court Hearing
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