If you were very recently served with a Temporary Harassment Restraining Order, you have the right to request a hearing. At the hearing, you will have to opportunity to present your side of the case especially if you believe that your conduct did not constitute harassment under the statute. If the altercations were mutual, as you say, it is possible for your to get mutual restraining orders so that you both must not contact eachother. In general, a judge will not restrain you from a property in which you have a possessory interest for the purposes of enforcing a restraining order. this is something that will require clarification at a hearing.
Once served with a Temporary Harassment Restraining Order, you have a very narrow window of opportunity to request a hearing (14 days). If you don't request a hearing, the Order will become permanent for a period determined by the Court (up to two years).
The hearing in a case like this will be an evidentiary hearing where sworn testimony is taken and evidence is produced for the Judge. Since there is so much at stake, it would be best for you to consult an attorney right away to ensure your rights are adequately protected.
Don't hesitate to contact me with any questions. Good luck.
Hancock Law, P.A.
When you receive a restraining Order, it is accompanied by a document that you can fill out and file along with a filing fee to request a hearing. At that hearing, testimony would be required and the court could determine if the allegations meet the burden of proof to sustain a harassment restraining order. Even if that were to occur, the court may craft the order to fit with the particular facts of the case.
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