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What the victim should do if the court is closed: Obtaining an Emergency Restraining Order During weekends, holidays or weeknights when the court is not open for the public, the victim can access an emergency order through the law enforcement agency. Any Justice of the Superior, District, Municipal, or Probate Court may issue an ex parte order granting emergency relief consistent with that authorized by a temporary restraining order if a plaintiff demonstrates a substantial likelihood of immediate danger of abuse. A judge is specifically authorized to issue such an order by telephone to a police officer who is responsible for recording the order on a court approved form. The officer in turn is obligated to deliver the order the next court business day to the clerk magistrate of the court having jurisdiction. The victim must also appear on the next business day to file a formal petition if she wishes to continue the emergency restraining order. Remember : the restraining order is only good until the court is opened on the next business day. |