Domestic Violence Restraining Orders
What is a domestic violence restraining order (DVRO)?
For people who are in specific close relationships with one another (such as a romantic relationship), when one person feels they have been abused – physically or otherwise – and believes they are in need of protection, they can petition the courts for a DVRO.
Can children or other family members be included as protected persons in a DVRO?
Yes. As part of an initial filing for a DVRO, the applicant can request protection for additional persons, including children or other household members. The initial request must provide facts to the court that establish a need for additional persons to be protected.
What happens after a request for a DVRO is submitted to the court?
When the court reviews allegations of domestic violence, it can issue immediate temporary orders that restrain the accused once they are served with the orders. Such orders can include staying away from and not contacting the protected party, temporary child custody orders, property use orders (such as exclusive use of homes or vehicles), protection and control of pets, and other orders depending on the facts of the case. If such orders issue, it is very important they be complied with, as violations of the order may result in an arrest and/or further penalties.
How long do temporary orders last?
Temporary orders last until there is a hearing on the matter, where both parties can present their evidence to the court. The court then decides whether to issue a Restraining Order After Hearing or to let the matter drop. If a Restraining Order After Hearing is issued, its duration is usually between one and five years.
If a temporary order is issued, but a Restraining Order After Hearing is not issued, will the restrained party have any type of criminal record of this?
No.
I have been served with a Temporary Domestic Violence Restraining Order and it contains false information. Should I file a Response to it? Should I go to the hearing? Do I need a lawyer?
Whether or not to file a Response to a Temporary Domestic Violence Restraining Order is a strategic concern. One factor to consider is whether or not criminal charges are pending or might be forthcoming as well. A Response in a civil domestic violence case can be used by the Prosecution in any criminal case. Whether or not to file a Response, and what it should state, is a decision you should carefully review with an attorney.
I've been served with a Temporary DVRO. Am I being charged with a crime?
A DVRO, whether temporary or issued as a Restraining Order After Hearing, is civil in nature and is handled in Family Court, not Criminal Court. A DVRO does not automatically trigger a criminal action and the District Attorney is not automatically involved; however, it is possible to have a simultaneous criminal action or charge brought after the fact by the District Attorney. This is why it is important to consult with an attorney about whether or not you should file a Response. Additionally, it is important to know that a violation of a Domestic Violence Restraining Order may result in criminal penalties.
Do I need to attend the hearing? I really don't want to see the other party.
Yes, both parties should attend the hearing; orders may issue if the restrained party doesn't show, or the request may be dismissed if the protected party doesn't show. If you retain counsel, and both parties are represented, on occasion the matter can be settled without having a hearing. You still would need to attend the hearing, but that would be for the sole purpose of the settlement being properly reflected in paperwork that generally needs to issue from the court.
Can I get an order for attorney fees in a DVRO proceeding?
Yes, the court can order the losing party to pay the attorney fees of the prevailing party. That's true whether you're the protected party or the restrained party. However, you would still need to give your attorney a retainer and pay for their services up front. You would then collect the attorney fees from the other side, if ordered, as a reimbursement for your outlay. Keep in mind, though, that courts don't always order that all of your attorney fees and costs will be reimbursed.
If I receive the protection of a Restraining Order After Hearing, what steps do I need to take to enforce it if the restrained party violates any of the orders?
A CLETS Restraining Order goes automatically into law enforcement databases. Should there be a violation of the order, the protected party can contact the police for enforcement. This is one reason it is important for the restrained party to comply with all orders.
If I received the protection of a restraining order that is going to expire, but the restrained party continues to behave in ways toward me that make me afraid, is there anything I can do to have the restraining order extended?
Yes, you can file a motion with the court to have the order extend indefinitely if the judge feels such an order is warranted by the circumstances.
What if I'm being abused by someone and my relationship to them (such as a co-worker or neighbor) doesn't qualify for a DVRO? Is there anything the court can do to protect me?
Yes, you can file for a Civil Harassment Restraining Order (CHRO). Our firm handles both DVROs and CHROs.
Does your firm specialize in obtaining restraining orders for protected parties or representing restrained parties?
Both. Each situation is unique and we assess our approach and strategy based on the circumstances of the matter.