Do I have to go to court to fight a restraining order?

In order to have a restraining order finalized, the victim must attend a court hearing. This is not a choice, and it is mandatory for him or her to attend.  If the victim has a Temporary Restraining Order (TRO) and doesn’t attend, the case may be dismissed.  To get the matter reopened the victim will need to have a very good reason for why he or she failed to attend. 

If you are the alleged abuser and don’t attend the court hearing, you will have lost your opportunity to argue why a Final Restraining Order isn’t appropriate.  You have a constitutional right to fight your accuser.  Put another way, your appearance is necessary to ensure the process is fair.  A restraining order has consequences and will forcefully affect your life.  The purpose of you having to appear in court is not to make the process more difficult for you; it is to make sure that you aren’t unfairly forced to uproot your life.

Keep in mind that if the abuser is a close family relative and you are an immigrant you may qualify for a green card under the Violence Against Women’s Act.  Otherwise, you may qualify for legal status under the U-Visa.

If you face an immigration challenge we have some valuable resources for you:

1. An Immigrant’s Guide to Municipal Court – Here I discuss the municipal court process and how a municipal court matter can result in your being deported. I also discuss what happens if you get arrested by Immigration Customs Enforcement, what you need to know to get out of custody, and what to expect if you are placed in removal hearings. 
2. Do You Need an Immigration Attorney? You Might Not – I will explain when you need an immigration attorney.  Not every needs one.  I will also explain the benefits of hiring one in any immigration challenge. 
3. 7 Critical Questions to ask Before Hiring an Immigration Attorney – If you have decided that you need an immigration attorney, how do you make sure you hire a good one?  I explain to you the questions you need to ask before you hire your immigration attorney.

If you have questions, we have answers. 

You can:

1. Call our knowledgeable staff at 888-695-6169;
2. Fill out our contact us form on this page; or
3. Select our live chat feature to speak to someone right away.

We help victims of domestic violence, one trial at a time.