What if the Person to be Restrained Doesn't Come to the
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The person to be restrained does not have to attend the court hearing.
If he or she does not come to court, the hearing will probably be short. IF the person seeking protection properly filed a "Proof of Service" form -- which shows that the person to be restrained knew about the hearing:
- the judge will review the request for Permanent Restraining Orders;
- ask the person seeking protection some questions, and
- make a decision about whether or not to approve the request.
If the person seeking protection does NOT have a copy of the "Proof of Service" form with them, or if he or she didn't get the other person "served" in time, nothing can be decided that day. Another hearing will have to be held at a later date.
If the hearing is postponed:
The judge can be asked to sign a "Notice of New Hearing and Order on Reissuance" (DV-116) so that the Restraining Oder will continue in effect until a new hearing can be held.
- Request to Continue Court Hearing and Reissue Temporary Restraining Order (Form DV-115)
- Notice of New Hearing and Order on Reissuance (Form DV-116)
To read an information & instructions sheet called "How to Ask for a New Hearing Date" (DV-115-INFO) in English, Spanish, Chinese, Korean or Vietnamese, click on the language you need:
IMPORTANT: If a "Notice of New Hearing and Order on Reissuance" form is not gotten, the person seeking protection will have to start the process all over again.
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