You can get a Domestic Violence Restraining Order if you or your children are in danger from someone with whom you have had a close relationship. The “close relationship” can be a current or ex spouse, a former live in boyfriend or girlfriend, or even someone you were just dating. You do not have to have had sex with the person.
A Domestic Violence Restraining Order lets the person who is harassing or victimizing you know that they have to back off or face serious legal consequences including jail.
When police respond to a domestic violence situation, they have the authority to call a Judge and request an Emergency Protective Order which goes into effect immediately. This lasts five business days or seven calendar days and is intended to give you a chance to obtain a Temporary Restraining Order on your own or with the assistance of a family law attorney.
You obtain a Temporary Restraining Order by applying for an ex parte Order. That means that the abuser does not have to be present and does not have to be notified prior to you going in front of the Judge. These TROs last 15 days or until your assigned hearing date.
At the hearing date, you can get a Restraining Order After Hearing. You have to have the abuser served and he or she has the opportunity to speak at this hearing. The permanent Order can last for up to five years and can be extended for additional five year periods if necessary.
If you have children with the abuser, you can request Orders for child custody, visitation, and support at this time. You can also ask that one or both parties be restricted from removing the child from the county or state.
There are no fees for filing a Domestic Violence Restraining Order. You may want to retain an attorney, though, especially if your abuser is represented by a lawyer.
Prior to the hearing, you or your attorney should gather police reports, medical records, pictures of injuries, any household objects broken by the abuser, tapes of 911 calls, certified copies of the abuser’s criminal record, and anything else that you can think of that will help prove your case.
You don’t want your case to fall apart if your abuser has an attorney and you don’t. If you need a Domestic Violence Restraining order, call me today at 877-369-5294.
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