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Written testimony is generally not considered in a restraining order hearing unless the testimony was given under oath at a formal court proceeding, and then it is considered only if the party giving the written testimony is unavailable to testify directly. Unavailability exists if the party giving the prior sworn testimony has died, moved outside of the state, or has otherwise somehow lost the capacity to testify in person. Unavailability usually does not exist if "you can't miss work" to testify or "you're on vacation for 3 months," but in the context of a restraining order hearing some forbearance may be authorized under state law.

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