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When you apply for a Violence Restraining Order, the court will usually hear the application as soon as possible at what is called an 'interim' hearing.
You can give your evidence to the interim hearing in writing. This written evidence is called an "affidavit".
The respondent is not at this interim hearing and the court may grant you an interim (temporary) Violence Restraining Order.
The restraining order is then served on the respondent.
The respondent has 21 days to object to a Violence Restraining Order being made by sending a notice to the court.
If the respondent does not object within 21 days, then a final order will be made.
If the respondent does object, then the matter goes to a final hearing where they get a chance to tell the court why the order should not be made (See below).
If the court does not grant an interim Violence Restraining Order they may issue a summons for the respondent to come to the court for a hearing (See below).
what does this mean?
no but how does this apply to what you said last night? in the fact that the interm will expire in three months. the above writing says you have 21 days to objevct or the final VRO become valid. which then say it lasts for two years?
A Violence Restraining Order comes into force as soon as it is served on the respondent. If it has not been served, the order is not in force (that means it has no power or authority).
If the respondent is in court when the order is made against them the order comes into force straight away.
A final order against:
If a person is convicted of certain violent offences in a criminal court that court can automatically make a lifelong Violence Restraining Order against an adult or a child unless the victim does not want it.
Telephone orders normally last for 72 hours or the time stated in the order.
so there both parties will have witnesses, evidence, and laywers to talk for them ect ect