Guideline 3:07
The ex parte hearing itself should consist of testimony by the plaintiff under oath as to the factual grounds for the complaint and the need for the relief sought. The judge should determine whether there are any outstanding court orders involving the same parties in the same or a different court.
If the plaintiff has filed an affidavit that provides the court with substantive information supporting the complaint, the judge may rely on the affidavit to simplify the plaintiff’s testimony. If the content of the affidavit alone does not provide sufficient evidence on the issue of harassment and the need for a harassment prevention order, the court may consider additional evidence, including further testimony, police reports, or other documents, or observations of the plaintiff’s visible physical injuries or physical state of being (e.g. behavior). The court should question the plaintiff as necessary in order to obtain relevant information and assess credibility. Since the plaintiff is unopposed at the ex parte hearing, it is essential that the court be satisfied that the evidence submitted is credible, and sufficient as a matter of law, to justify the issuance of an order. The court should also hear the sworn testimony of any available witnesses offered by the plaintiff. The court may also consider applicable police reports provided by a party or otherwise available to the court. Where credible facts relevant to this inquiry are elicited during the hearing but not included in the affidavit, the judge should add those additional facts on the affidavit in such a way to denote they were added, and credited, by the judge. This will allow future judges hearing the case to be better informed about the facts credited by the judge who issued the order. Additionally, if the court considers other evidence, such as any visible physical injuries to the plaintiff, video or audio recordings, or text or email exchanges between the parties, the judge should memorialize these observations orally on the record.
The court should decide the facts and determine whether there is a statutory basis for relief before addressing the nature of the relief sought. This need not be a formal or time-consuming process, and the judge need not necessarily announce each finding on the record.
Where there is a statutory basis for relief, the court should not turn the plaintiff away, direct the plaintiff to go to the police station, or ask the plaintiff to travel to another court.
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| Last updated: | October 20, 2025 |
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