Civil restraining order hearings
Anyone can walk into District Court, apply for a restraining order against you, and testify before a judge as to the reasons the restraining order should be issued—all in the same day without your knowledge. The judge may then issue the restraining order and schedule the case for a two-party hearing (for which you will receive notice) ten days later.
While a restraining order is a civil order, a violation of the order is a criminal offense. Many restraining order applications include testimony that does not meet the burden of proof—the plaintiff must demonstrate a substantial likelihood of imminent physical harm. If the plaintiff fails to meet this burden, the order should not be issued.
If a restraining order is issued against you and you have a license to carry firearms or a firearms identification card, your license or card will be suspended, and you must surrender all of your firearms to the police. Therefore, it is extremely important to call an attorney as soon as you learn that you are involved in a restraining order hearing. Attorney McKelligan views restraining order hearings as trials and will fight for you to preserve your record.