Who can request a Domestic Violence Restraining Order?
A victim/survivor can request a Civil Domestic Violence Restraining Order if the alleged batterer had one of the following relationships with the victim/survivor:
- Marriage, present or past
- Relationship by blood, marriage or adoption
- Live together, present or past
- Dating or engagement relationship, present or past
- Parents of a minor child together
Grounds for a Domestic Violence Restraining Order:
- Assault or attempted assault of the victim or member of the household
- Caused, threatened, or attempted bodily injury to victim or other member of the household
- Made victim or another member of the household fear physical or emotional harm
- Sexually assaulted or attempted to assault victim or member of the household
- Stalked the victim
The procedural steps to obtain a domestic violence retraining order:
- Statement of Facts
- Temporary Order
- Court Hearing
- Filing & Service Fees
Statement of Facts
A victim/survivor will need to provide a detailed statement of facts, with as much specificity as possible, including dates of the incidents of abuse, beginning with the most recent. Such evidence as prior police reports, witness statements, Emergency Protective Orders, medical records, and photographs improve the victim's case, as they can be attached as exhibits to the victim's declaration.
Temporary Order
Once the initial paperwork is completed, the papers are submitted to the court for review, and if granted, the court will issue a temporary order pending a further hearing. The alleged batterer must then be served the papers by a third party.
Court Hearing
A victim/survivor will have to go to court and the batterer has the opportunity to be present and defend against the allegations.
Filing & Service Fees
Fees for filing a restraining order will be waived if there is physical violence. Depending on the manner of service, the victim/survivor may incur a cost for serving the alleged batterer.
