Domestic Violence Restraining Orders have two components. First, the participants must be related by blood, marriage, have a child together, or have or had a dating relationship. Second, one of the participants must have either committed violence against the other person, threatened to commit violence against the other person, or have entered into a pattern of harassing behavior against the other person. If these requirements are satisfied, the person at the receiving end of the negative behavior may seek the court's assistance by requesting a Domestic Violence Restraining Order.
The restraining order process takes at least two court appearances, sometimes more. At the first court appearance, the Judge will decide if a temporary restraining order should be issued. A temporary restraining order will require the Defendant to have no contact with the Plaintiff until the next court date. At the next court date, each party may present his or her evidence, and the Judge will decide whether the temporary restraining order should continue in effect for several more years.
A restraining order prevents the offending party from contacting the other party in any way including, but not limited to, in person, by phone, by text, by e-mail, in writing, and through a third party. The offending party will also have to stay a certain distance away from the other party at all times. If the parties have one or more children together, the Judge may make exceptions to the restraining order to accommodate child custody exchanges and communications.
LAW OFFICE OF
DEBORAH A. PERKINS