The hearing for a permanent restraining order is essentially a mini trial.  At the hearing, all of the rules of evidence apply, and both parties have the right to a meaningful opportunity to present evidence and cross examine witnesses.  Preparing for a family court restraining order hearing should include, composing direct and cross examination questions, and when possible, gathering of physical and demonstrative evidence.  In this high tech age that we live in, e-mail messages, voice messages, and surveillance video are frequently introduced into evidence to prove or disprove a case.  Police reports are also allowed into evidence as an exception to the hearsay rule.  Thus, litigants should attempt to obtain police reports, whenever possible, as they can be very persuasive to the judge. 
               
People within the legal profession recognize the serious consequences involved with the issuance of permanent restraining orders.  Given that restraining orders typically impose significant limitations on a party’s liberty, and can affect a party’s ability to find or maintain employment, these matters are being taken more seriously by the courts in recent years. Courts have become more skeptical of the requests that are made for restraining orders and hold the moving party to his or her burden.  Indeed, the days of family courts “rubber stamping” restraining orders appear to be coming to an end.  Consequently, it is incumbent upon any person who is faced with having to be a part of this process to do his or her homework before entering the courtroom.

Written by Donald P. Schweitzer