A final hearing is essentially a trial. Whether you are the petitioner or the respondent, this is your one chance to make your case to the judge and present any evidence you want them to consider.
A final hearing is where the judge will hear the evidence and make a decision on whether or not to grant a permanent injunction. There are no juries in injunction hearings. The judge is the jury and makes the final decision.
When you walk into the courtroom for the final hearing, the judge will first identify the parties and have them sworn in by the clerk. They will have to promise to tell the truth, the whole truth and nothing but the truth.
Next, the judge will ask if the petitioner wants to go forward with the injunction. If the petitioner no longer wants an injunction, the judge will dismiss it and you are done. If the petitioner still wants an injunction, the judge will then ask the respondent if they will agree to the injunction. If the respondent agrees, the judge will grant it and you are done.
When the petitioner still wants the injunction and the respondent will not just agree to having an injunction entered, that is when the court will have a trial on the matter – a final hearing.
