Prepare for and go to court
At the hearing, the judge will decide whether to change or end the restraining order.
Prepare for your court date
Copies of court papers. Take copies of all your papers to your court hearing, including a copy of your Proof of Service.
Notes of what you plan to say. It can help to plan out and make notes about what you want to say to the judge. You can read from your notes in court if you need to. Read over the court papers in your case and write out anything else you want the judge to know.
Copies of any evidence. If you have any evidence that supports your request, bring it with you to court. For example, if you have pictures, text messages, or emails, you will need to print them out and make 3 copies of each piece of evidence. One copy is for you, one is for the judge, and one is for the other side.
If you have recordings (video or audio), check in with your local Self-Help Center before your court date. Sometimes judges may require a transcript for a recording. A transcript is a written version of the recording that shows exactly what was said.
Bring a support person, if you are the protected person and want one. If you asked for the restraining order, your support person can sit next to you when you present your case. But, your support person cannot speak for you.
If you asked to change the child custody or visitation (parenting time) order, you may need to go to mediation before your court date. Find out what to expect in mediation if you have not been before.
What to expect in court
If you have a remote hearing (you will be on the phone or on a computer), get tips on what to expect in a remote hearing.
Usually, the judge asks the person who made the request to talk first. No matter who talks first, you will both get a chance to speak.
When it is your turn to speak, that means it is your turn to tell the judge the facts that support your position. It is okay for you to use notes. You can also bring in evidence or witnesses to support the facts of your case.
The judge will listen to both sides and then decide whether or not to grant the request to change or end orders.
The judge makes a decision
Usually, the judge will make a decision that day. If the judge feels they need more information, the judge may ask you to come back another day.
Someone prepares an order for the judge to sign
Once the judge makes a decision, the judge will need to sign a court order.
- In some courts, court staff will do this.
- In other courts, one of you (or a lawyer, if either of you have one) will have to prepare the order.
If someone else prepared the order, review it carefully to make sure it includes everything the judge ordered.
If you have to prepare the order, you will need to fill out an order form and give it to the clerk for the judge to sign.
- If the judge changed the restraining order, use Restraining Order After Hearing (form DV-130). Check the “Amended” box on the top of the form. Sometimes the court will give you a "minute order" that shows what the judge granted. You can use the minute order to help you complete form DV-130. Give the completed form to the clerk for the judge to sign. Once it's signed, check to see if it is filed with clerk's stamp on the first page. If it is not stamped, go to the clerk's office to file it. Ask for two copies, one for you, and one for the other side.
- If the judge ended the restraining order, use Findings and Order to Terminate Restraining Order After Hearing (form DV-400). Fill out items 1 and 2 only. Then give the form to the clerk for the judge to sign. Once it's signed, check to see if it is filed with clerk's stamp on the first page. If it is not stamped, go to the clerk's office to file it. Ask for two copies, one for you, and one for the other side.
The Family Law Facilitator or Self-Help Center may be able to help you with these forms.
Keep a copy of the order with you
Whatever the judge ordered, make sure you have a copy of the most recent order. If you do not have a copy of the order, you may get one from the court clerk.
What's next?
If the other side was not in court, you may need to have a copy of the order served. The order will say if you need to have it served.