FIRST STEPS WHEN FILING DOMESTIC VIOLENCE RESTRAINING ORDER
Domestic Violence is extremely common in today’s society. The process can be scary, disheartening, and overwhelming.
Here are a few first steps to take when seeking protection through a Domestic Violence Restraining Order:
1. Step One: Determine if a Domestic Violence Restraining Order is the Correct Protection Order
First, you must ensure that the person you are seeking an order against falls under one of the listed categories for a DVRO.
“Domestic” restraining orders are intended to be used for Parties with the following relationships:
A. spouses or domestic partners;
B. boyfriends/girlfriends or any dating partner whether the relationship is current or from the past;
C. and family members including children, parents, siblings, grandparents, or in-laws.
*If the person you are trying to restrain does not fall under the above categories, they are alternative restraining orders you can pursue.
2. Step Two: Filing the Correct Forms
Once the DVRO is deemed the correct protection order, the next step is to file a legal request. To formally request a DVRO, you must complete the following forms and file them with the Court in the County in which you reside:
- DV-100- Request for a Domestic Violence Restraining Order,
- DV-109- Notice of Hearing,
- DV-110-Temporary Restraining Order,
- And CLETS-001- Police identity information sheet for enforcement.
*If there are children with the Party for which the restraining order is being sought against, you must fill out two additional forms to seek custodial orders: DV-105 and DV-140.
3. Step Three: Temporary Restraining Order
The day that one files the above-noted forms, the court will do two things the day the request is made:
(1) Rule on a Temporary Restraining Order: A judge or commissioner will review the documents THAT DAY to determine whether there are grounds to make an immediate, temporary domestic violence restraining order protecting the requesting party. The judge or commissioner is permitted to make other temporary orders including but not limited to, issuing no-contact orders, issuing move-out orders, and issuing custody orders for any children involved in the matter.
(2) Provide a future court date for a hearing on the request for a permanent restraining order: This date is usually set approximately 3 weeks after the Request is made.
Any temporary orders made will remain in place and are legally enforceable until the hearing on the permanent restraining order is held or any further court order is made.
4. Step 4: Serve the Restrained Party
Regardless of whether temporary orders are issued or denied on the day of the request, the party who filed the request must have the restrained party served with all court documents and put on notice for the Parties’ future court hearing.
Service must be done personally by:
(A) Someone over the age of 18, and
(B) who is not a Party in the case.
* The requesting party MAY NOT serve the restrained party.
If the service of the restrained party is difficult or impossible, seek help through your local sheriff’s office to have the restrained party served with the notice and order.
After service is complete, the person who personally served the papers to the restrained party must complete a DV-200- proof of personal service and file it with the Court.
5. What to expect next?
(A) Future Court Date on Permanent Restraining Order:
- After making a formal request and serving the restrained party, you will receive a future court date, approximately 3 weeks from the date the request was filed.
- Both Parties can attend the hearing.
- The Court will hear from both Parties and review any evidence presented.
- The Court will determine whether there is sufficient evidence that shows there should be a Permanent Domestic Violence Restraining Order instated protecting the requesting Party(ies).
(B) Permanent Restraining Order:
- If a Permanent Restraining Order is made on that date, the orders are typically made for periods of 1, 3 and 5 years.
- Once an order is made for a permanent restraining order, it is legally enforceable. Any violations should be reported to the police.
(C) Renewing an Expiring Restraining Order:
- If a Permanent Order is made is approaching the termination date, you may reapply for the restraining order at a time near the termination date, if there is still fear of abuse from the restrained Party.