A restraining order after hearing is a legal order issued by a court following a hearing to assess whether there is enough evidence to justify a more permanent restraining order. This type of order typically follows a temporary restraining order and is designed to provide ongoing protection to an individual from harassment or harm.
This term is primarily used in family law, civil law, and sometimes criminal law contexts. It is relevant in cases involving domestic violence, stalking, or harassment. Users may be able to manage the process themselves by utilizing legal templates provided by resources like US Legal Forms, which offer forms and guidance for obtaining restraining orders.
Here are a couple of examples of abatement:
(Hypothetical example) A person who has been threatened by an ex-partner may obtain a temporary restraining order. After a hearing, the court may issue a restraining order after hearing that lasts for three years, allowing the individual to feel safer during that period.
| State | Duration of Order | Renewal Process |
|---|---|---|
| California | Up to five years | Can be renewed with application |
| Texas | Up to two years | Requires a hearing for renewal |
| New York | Up to five years | Can be renewed without a hearing |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Temporary Restraining Order | A short-term order issued to maintain the status quo until a hearing can be held. |
| Permanent Restraining Order | An order that remains in effect indefinitely unless modified or revoked by the court. |
If you believe you need a restraining order after hearing, consider taking the following steps:
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A temporary restraining order is short-term, while a restraining order after hearing is intended to provide longer-term protection.