It can be both frightening and frustrating to have your petition for a restraining order denied. You already feel unsafe around this person, and now they know that you’ve tried to take legal action against them.
Keep reading to learn what to do if your petition for a restraining order is denied.
Reasons for a Denied Restraining Order Petition
Restraining order procedures vary from court to court, so it’s important to check with your local court for their specific procedures. However, the process is generally similar across the board, so it’s helpful to learn a bit about it before moving forward.
Before getting into the details, it’s important to understand the terms used in reference to restraining orders. The following are some terms you will need to know when petitioning for a restraining order:
Petitioner - this is the person who files the petition for a restraining order
Respondent - this is the person who the restraining order is filed against
There are typically two reasons for a denied restraining order petition:
- Petitioner did not establish a claim for relief
- Petitioner did not appear at the time set for the ex parte hearing on the petition
While these are the two most common reasons for a denied petition, there may be other reasons for a judge to deny the petition.
If the judge does not hear from the respondent and your petition is filled out correctly, your restraining order will likely be granted. However, if the respondent disagrees with the information you provide, or with any part of the petition, they have the right to a hearing before a judge.
This hearing is referred to as a contested hearing.
The reason for this hearing is to decide whether your restraining order will stay in effect, and if so, whether the order will remain as it is or change in some way.
If your restraining order is contested, you will be notified by the court via a “Notice of Hearing” in the mail, but you may also be notified over the phone or email. Additionally, you’ll receive a copy of the respondent’s “Request for Hearing.” Call the clerk’s office if you have questions or did not receive a notice.
If your petition for a restraining order was denied, we may be able to help. We have helped many other people in similar situations and we may be able to help you, too. Don’t hesitate to contact our office with any questions you may have right away.