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In a criminal case in New York, for a restraining order, called an Order of Protection, to be issued, the police must make an arrest based on probable cause, the person arrested must be formally charged by the the District Attorneys Office or other prosecutors office, appear in front of a judge, and the judge will
Police reports: If the abuse or violence has been reported to law enforcement, police reports can serve as evidence of the incidents. Medical records: Medical records documenting injuries or medical treatment related to the abuse or violence can be presented as evidence.
To obtain a TRO, a party must convince the judge that they will suffer immediate irreparable injury unless the order is issued. If the judge is convinced that a temporary restraining order is necessary, they may issue the order immediately, without informing the other parties and without holding a hearing .
Often, the most effective evidence used to win or fight a restraining order is using third-party witnesses. A witness who has little connection to either party and no stake in the outcome of the case can be a powerful factor for the Judge.
Temporary restraining order. (a) Generally. If, on a motion for a preliminary injunction, the plaintiff shall show that immediate and irreparable injury, loss or damages will result unless the defendant is restrained before a hearing can be had, a temporary restraining order may be granted without notice.

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If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, its called an ex parte order.
A temporary order of protection is issued on the day you file for an order of protection before the respondent is served with the papers. It only lasts until the next time that you are in court. The court usually will extend the temporary order at each court date until the case is over.

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