What to Expect When Requesting a Domestic Violence Restraining Order

Domestic violence comes in many forms and can affect anyone, regardless of income, age, or gender. Physical and sexual violence are often the most recognized forms of abuse. Other forms of abuse, such as emotional abuse or coercive control, can include name-calling, gaslighting, isolation from friends and family, invading one’s privacy, text messages, emails, controlling finances, movements etc.
Victims and survivors can request a Domestic Violence Restraining Order (DVRO) from the Court. In the request, you must detail the relationship between you and the abuser as there must be a specific closeness between parties to get a DVRO. Once the relationship is established, you then detail the date(s) of abuse, who was present and the type of abuse, you can reference one or several instances in the petition. If there was physical abuse, proof can be manifested by bruises, broken bones, or medical records. Non-physical abuse is more difficult to prove, and the burden is often carried by the testimony of the victim and the specificity with which the abuse is detailed.
When the request is filed the Court will review initial evidence, and if deemed sufficient the Court will grant a Temporary Domestic Violence Restraining Order (TRO). The Court will also schedule an evidentiary hearing to take place usually 21 to 25 days later. The abuser must be personally served with the request, the TRO, and notice of the hearing date. At the evidentiary hearing, the Court will review the evidence and testimony presented. In the event the Court determines domestic violence has occurred, permanent orders may be granted.
Anyone can request a Restraining Order, with or out without representation. However, it is strongly recommended to consult with an attorney who has extensive experience as the support and preparation could mean the difference between a Restraining Order being granted or denied. If you or someone you know needs assistance, contact The Reape-Rickett Law Firm at 888-846-6166 or visit www.DivorceDigest.com to consult with an experienced attorney.