How to Fight a Restraining Order

A restraining order can be fought at a hearing. It’s important to follow the directions while the restraining order is in place. The hearing will give both sides a chance to explain their respective sides of the story, and this can be done with or without an attorney.

• Follow the conditions of the existing restraining order. Arrange for a neutral third party to pick up any belongings shared with the person that filed the restraining order until the issue is resolved.


• Read through the restraining order and all the details of the complaint. Review every detail in the complaint which led to the order being approved and take notes.


• Write out an explanation of your side of the story and include specific details. Gather any proof to support the explanation and include witnesses if possible.


• Contact an attorney for a free consultation. Ask the attorney questions about fighting a restraining order and what to expect at a hearing. Even, if you do not plan on using an attorney, it won't hurt to get their advice.


• File the explanation to fight the restraining order with the Clerk of Court. Include the names of the plaintiff, the defendant and the case number.


• Attend the hearing on time alone or with an attorney. Dress professionally. Allow the plaintiff to explain their reason for the restraining order. Give the explanation for fighting the restraining order and include proof. The proof will need to be handed to a bailiff to give to the judge.


• Wait for a response from the judge.