Restraining Order Hearings

Once the hearing does start, there is no turning back. You have to have all of your evidence, witnesses, and exhibits ready for the hearing. The court will not continue (extend/delay) a hearing once it has started just because you are not prepared. There are certain rules of court and evidence that expected to be obeyed by the judge/commissioner who is hearing your matter. The one major difference in Civil Harassment Restraining Orders is that hearsay evidence is allowed. Each party can introduce hearsay evidence to help their case. Every judge and commissioner is different about what evidence they will allow, how much evidence they will allow, and which evidence is most important to them. This is where an experienced attorney with knowledge of each judge and commissioner is crucial. 

There are essentially 4 elements in any Civil Harassment Restraining Order Hearing: 1.) unlawful violence, the credible threat of violence, or a course of conduct that amounts to harassment that serves no legitimate purpose. 2.) objective substantial emotional distress. 3.) subjective substantial emotional distress. 4.) fear of future harm. All 4 of these elements must be met for a Civil Harassment Restraining Order to be granted after the hearing. The standard of proof is high- clear and convincing evidence. Unlike Domestic Violence Restraining Orders which only require a preponderance of the evidence, the burden of proof in a Civil Harassment Restraining Order of clear and convincing evidence is much tougher to prove. As the Petitioner, you have the burden of proving the case and all of the elements. The Respondent  just needs to attack one of these elements to be successful in a dismissal.