First Step Is a Temporary Restraining Order
At the initial hearing, if the court determines the person is in imminent danger based on his or her petition, a temporary restraining order may be issued until a final restraining order can be ordered pursuant to the Family Abuse Prevention Act (FAPA). Temporary restraining orders provide immediate protection and must be served on the abuser by a third party or law enforcement officer.
Once served, the alleged abuser has 30 days to request a hearing to contest the restraining order. If no hearing is requested within the 30-day time frame, the temporary restraining order will remain in effect pursuant to FAPA.
Restraining Order Hearing
If the alleged abuser requests a contested hearing, both parties will testify and present evidence about the alleged incidents that gave rise to the temporary restraining order. If the party who petitioned for the restraining order prevails at the hearing and the restraining order is granted, the restraining order is valid for a period of one year.
Restraining orders can be renewed the following year by filing a request to renew the restraining order based on the continued threat of harm. If a renewal is granted, the alleged abuser must be served and has 30 days to contest the renewal and request a hearing.