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You have the right to attend the final restraining order hearing to defend yourself against the other party's allegations before a final restraining order can be issued against you.At the hearing, the judge will hear testimony from both parties and possibly any witnesses.
Report Abuse Protected person goes to court and tells the judge she wants order lifted. Go to court when it opens, see clerk, get case called to court, go to court when called, tell judge you want them to drop the protective order.
If the defendant is not related to you by blood and you have never lived together, please file through District Court. If the defendant is a family member, or has or had a dating relationship with the person seeking the TRO, please file through Family Court.
Temporary restraining orders usually last between 20 and 25 days, until the court hearing date. When you go to court for the hearing that was scheduled for your TRO, the judge may issue a permanent restraining order. They are not really permanent because they usually last up to 5 years.
You can fill out and file a Response to Request for Civil Harassment Restraining Orders (Form CH-120. ) where you tell the judge your side of the story about what happened. Even if you do not file a Response, GO TO YOUR HEARING!
If you break a restraining order in California you can be charged with a felony and might face between 16 months and three years in jail and a fine of up to $10,000. Whether a violation is a misdemeanor or felony will depend on the facts and circumstances of the violation and the criminal history of the defendant.
If you have a temporary restraining order (TRO) and a court hearing coming up, you cannot drop the case.If you do not go, the restraining order will be dropped.
To change a TRO for any reason, you need to go back to Court and ask the Judge to amend the TRO. Call ATV (Hilo: 969-7798, Kona: 326-1607) or District Court (Hilo: 961-7470, Kona 322-8700) for help. If you want to do more than just get a TRO, you can change your name and Social Security Number.
It is valid for up to 180 days or until an order for protection becomes effective, whichever happens first. Generally, a hearing on the TRO will take place within 15 days. At the hearing, the abuser can try to show cause (prove) why the TRO should be discontinued.