Serving the Hearing Notice and Prehearing Considerations

After an abused party appears for an ex-parte hearing, a date is scheduled for a full hearing involving both parties. These matters move very quickly within the legal system as the law dictates that the full hearing must be held within 10 business days. The abused party is responsible for ensuring that the alleged abuser is served with the temporary protection order (if applicable) and the scheduling notice for the full hearing. Any competent adult may serve the alleged abuser, but that person cannot be a party in the case, or a relative or employee of a party in the case. It is usually best to let law enforcement assist. The county Sheriff’s office or local police are available to help, usually at no cost.

On the day of the full hearing, parties, and counsel will appear with all of their necessary evidence and witnesses, however, a majority of these matters are resolved by agreement. There are many options other than a hearing that both sides can and should consider.

On one end of the spectrum, the abused party may elect to withdraw the Petition altogether if he or she no longer feels threatened or unsafe by the alleged abuser or the unsafe situation has otherwise been resolved. On the other end of the spectrum, the abused party can pursue a 3-year final order of protection after a full hearing. If a final order is entered after a full hearing, that protection order will appear on the abuser’s permanent criminal record and will forever preclude the abuser from possessing a firearm.

Another option is for the parties to agree to an extended temporary order. This serves the abused party in that it provides protection for a certain agreed period of time. It also serves the alleged abuser in that temporary agreed orders do not appear on permanent records, are typically shorter than 3 years, and the right to possess a firearm is preserved after the temporary order expires.

Whether there is a final order after a hearing or an agreement to enter into an extended temporary order, the abuser is usually always prohibited from contacting the abused party directly, or indirectly, or through third parties, it always directs the abuser to surrender all firearms and ammunition and prohibits possession of firearms during the term of the protection order.

Furthermore, the protection order can grant temporary custody of children to the abused party, it can evict the abuser from the shared property, prevent the abuser from being in certain places where the abused party may work, and prevent the abuser from having contact with family members or friends of the abused party. Additionally, the protection order can provide that the abuser pay support to the abused party and pay court costs and expenses. Ultimately, Family Court judges have a great deal of latitude when it comes to granting additional forms of relief. The plaintiff may make specific requests, and the judge will include them in the PFA order if the requests are found to be appropriate and helpful for stopping or preventing abuse.