Go to court

In court, you and the other side, if they go, will both get a chance to speak. Then, the judge will decide whether to renew the order.

What to expect in court

Usually, the person asking to renew the restraining order speaks first

You can tell the judge why you want to renew the order. If the restrained person violated the restraining order, tell the judge. If you are still afraid of the restrained person, let the judge know. You do not need to show that the restrained person has abused you since the last order.

It is okay for you to bring notes and read from them. You can also bring in evidence or witnesses to support the facts of your case.

If the other side is there, they will also get a turn to speak

The other side also gets a chance to speak and present their evidence. You will get a chance to respond to what they say.

After hearing from both sides, the judge will decide whether to renew the restraining order. 

If the judge renews the restraining order

Get a copy of the new order

The judge or the clerk might prepare the new order for you. Review it carefully to make sure it matches what the judge ordered.

If they do not prepare it for you, you will need to fill out Order Renewing elder and dependent adult restraining order (CLETS) (form EA-730). Attach the restraining order (form EA-130) to it. Give this to the clerk for the judge to sign. 

The clerk will file the order. You will likely need at least two copies. You can ask the court clerk for copies if you need them. 

Make sure the other side gets served the new order

You will need to have the other side served with the new order and file the signed proof of service with the court. You cannot serve it yourself.

 

 

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